Mortgages:
In mortgages, a person guarantees the payment of a debt or obligation with an asset, normally real estate, so that if the debt is not paid, the asset can be auctioned. They 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:
DNI, passport, NIE, or residence card of the individuals who will establish the mortgage, or documents proving the identity and representation of legal entities.
Title deed proving ownership of the asset subject to the mortgage, or a note from the Property Registry.
If necessary, for example, when a consumer mortgages property, having processed the prior transparency material deed.
Mortgage Cancellation:
Consists of confirming in the Property Registry that a mortgage debt has been satisfied, so that it no longer appears with that encumbrance.
Requirements:
Request from the financial institution that granted the mortgage a certificate stating that the mortgage debt has been satisfied.
Only the representative of the financial institution will attend the signing at the notary's office, and they must prove their powers in accordance with the general rules of corporate representation.
Novations and Subrogations:
These are modifications to a mortgage that can have various contents. Thus, among other scenarios, there may be changes of mortgage debtors (adding or increasing their number), changes of creditor entity, extensions or reductions of term or capital, or alterations in relation to the interest rate.
Requirements:
As a general rule, both the financial institution and the individuals who will remain on the mortgage loan must sign. This implies that individuals must present their DNI, passport, NIE, or residence card, and legal entities must present documents proving their identity and representation.
In some cases, it is necessary to process a prior transparency material deed (it is free).
Prior Transparency Material Deeds:
These are notarial files related to consumer mortgages that allow the client to discuss the future mortgage with the notary, so they can understand the content calmly and without pressure, as only the clients and the notary are present. Those who establish the mortgage always have the right to choose the notary. This is a free notarial service.
Requirements:
The client or clients must inform the bank of the notary they choose.
The bank will electronically send a series of documents to the notary's office, and the mortgage cannot be signed in Catalonia until 14 calendar days have passed since the submission, or ten if the client waives the extra period provided for by Catalan legislation.
The client goes to the notary's office, and the notary will explain all the documents personally. After this, the mortgage signing date can be scheduled.
Dation in Payment:
These are contracts in which an asset is transferred in exchange for the extinction of a prior debt, thereby releasing the previous debtor.
Required Documentation:
For mortgage loans and debt recognition:
Economic data of the transaction.
Title deeds of the properties to be mortgaged.
DNI of lenders and borrowers.
Marital economic regime of both.
If a company is involved, current powers of attorney or appointment of administrators. Registration details in the Commercial Registry.
For urban properties, a certificate from the homeowners' association confirming that community fees are up to date.
Cadastral reference (latest IBI receipt).
Whether it is leased or not.
For mortgage cancellation or resolutory conditions:
Economic data of the transaction.
Deed of constitution of the mortgage or resolutory condition.
DNI of lenders and borrowers.
If a company is involved, current powers of attorney or appointment of administrators.
Registration details in the Commercial Registry.
Cadastral reference (latest IBI receipt).
Whether it is leased or not.