Mortgages
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Mortgages
In a mortgage, a person guarantees the payment of a debt or obligation with an asset, usually a property, so that in the event the debt is not paid, the property can be auctioned. It allows a person to obtain finance for their needs. The party constituting the mortgage is always entitled to choose a notary to advise them.
- National ID, passport, foreigner identification number (NIE) or residence permit of the natural persons who are going to constitute the mortgage or a document accrediting personality and representation in the case of a legal person.
- Title deed accrediting ownership of the property covered by the mortgage or a note from the Land Registry.
- If necessary, for example, in a consumer mortgage, having first complied with the material transparency condition.
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Cancelling a mortgage
This consists of recording in the Land Registry that a mortgage debt has been paid so that it no longer appears with that charge in the future.
- Ask the bank that granted the mortgage for a certificate stating that the mortgage debt has been paid.
- At the signing ceremony in the notarial office, only the bank’s representative will attend and they must accredit their powers in accordance with the general company representation rules.
You can find more information about this on our blog:
Mortgage novations and subrogations
These are modifications made to a mortgage which may vary in content. For instance, among others, there may be changes in the mortgage debtors (adding or increasing their number), changes in the bank, extensions or reductions in the term or principal and changes in the interest rate.
- As a general rule, both the bank and the persons who will continue to be parties to the mortgage must sign. This means that natural persons must present their national ID, passport, foreigner identification number (NIE) or residence permit and legal persons must present documents accrediting their personality and representation.
- In some cases, a material transparency document must be completed (free of charge).
Material transparency document
This is a notarial document in relation to a consumer mortgage whereby a client can formalise the future mortgage with a notary, allowing them to examine the content calmly and without pressure, and only the clients and the notary are present. The persons constituting the mortgage always have the right to choose the notary. This notarial document bears no charge.
- The client or clients must give the bank the name of the notary of their choice.
- The bank will send a series of documents by email to the notarial office and the mortgage cannot be signed in Catalonia until 14 calendar days after the date of sending the documents or 10 if the client waives the extra period foreseen by Catalan law.
- The client goes to the notarial office and the notary will explain all the documents to them personally. Afterwards, the date for signing the mortgage can be set.
Dations in payment
Agreements in which an asset is handed over in exchange for the cancellation of a previous debt, thus releasing the previous debtor from their obligation to pay.
- ID card, passport, foreigner identification number (NIE) or residence permit in the case of a natural person or documents accrediting the personality and representation in the case of a legal person.
- Title deed accrediting ownership of the asset covered by the dation in payment.
- Identification of the debt that is to be cancelled.
