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Mortgages:
In mortgages, a person guarantees the payment of a debt or obligation with a property, usually real estate, so that in case of non-payment, the property can be auctioned. Mortgages allow people to obtain financing for their needs. The person who establishes the mortgage always has the right to choose the notary who will advise them.
Required Documentation:
ID, passport, NIE, or residence card of the individuals who will establish the mortgage or documents proving the identity and representation of legal entities.
Title proving ownership of the property subject to the mortgage or a property registry note.
If necessary, such as when a consumer mortgages, the prior material transparency deed must be processed.
Cancellation of Mortgages:
These consist of recording in the Property Registry that a mortgage debt has been satisfied, so that in the future, the property will be free of this charge.
Requirements:
Request a certificate from the financial institution that granted the mortgage stating that the mortgage debt has been paid off.
At the notary signing, only the representative of the financial entity will attend, and they must prove their powers according to the general rules of corporate representation.
Modifications and Subrogations:
These are changes to a mortgage that can vary in content. Among other cases, they may involve changes in the mortgage debtors (adding or increasing the number), change of creditor entity, extensions or reductions of term or capital, or alterations in the interest rate.
Requirements:
In general, both the financial entity and the individuals who will remain on the mortgage loan must sign.
For individuals, an ID, passport, NIE, or residence card is required, and for legal entities, documents proving their identity and representation.
In some cases, a prior material transparency deed must be processed (this is free of charge).
Prior Material Transparency Deeds:
These are notarial procedures related to a consumer mortgage, ensuring that the client can review the future mortgage calmly and without pressure, as only the clients and the notary are present. Those establishing the mortgage always have the right to choose the notary. This is a free notarial action.
Requirements:
The client(s) must inform the bank of the notary they choose.
The bank sends a series of documents electronically to the notary, and the mortgage cannot be signed in Catalonia until 14 calendar days have passed from the submission, or 10 days if the client waives the extra time provided by Catalonian legislation.
The client attends the notary, who will personally explain all the documents. Afterward, the mortgage signing date can be scheduled.
Deeds in Payment:
These are contracts in which a property is delivered in exchange for the cancellation of a previous debt, thus releasing the former debtor.
Required Documentation:
For mortgage loans and debt recognition:
Economic details of the operation.
Property titles for the properties being mortgaged.
ID of the lenders and borrowers.
Marital property regime of both parties.
If a company is involved, the powers of attorney or current appointment of administrators.
Registration data in the Commercial Register.
For urban properties, a certificate from the property owners' association confirming that community expenses are up to date.
Cadastral reference (latest IBI receipt).
Whether the property is leased.
For mortgage cancellation or resolutory conditions:
Economic details of the operation.
Deed of the mortgage or resolutory condition.
ID of lenders and borrowers.
If a company is involved, the powers of attorney or current appointment of administrators.
Registration data in the Commercial Register.
Cadastral reference (latest IBI receipt).
Whether the property is leased.