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 constitutes 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 constitute the mortgage, or documents proving the legal personality 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, having processed the prior material transparency deed.
Mortgage Cancellation:
This consists of confirming in the Property Registry that a mortgage debt has already been settled, so that it no longer appears with said encumbrance.
Requirements:
Request a certificate from the financial institution that granted the mortgage stating that the mortgage debt has been settled.
Only the representative of the financial institution will attend the signing at the notary's office, and they must prove their authority according to 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 in mortgage debtors (adding or increasing their number), change of creditor entity, extensions or reductions of term or capital, or alterations regarding 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 requires individuals to present their DNI, passport, NIE, or residence card, and for legal entities, the documents proving their legal personality and representation.
In some cases, it is necessary to process a prior material transparency deed (it is free of charge).
Prior Material Transparency Deeds:
These are notarial proceedings related to consumer mortgages, allowing 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 constitute 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 chosen notary.
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 sending, or ten if the client waives the extra period provided for by Catalan legislation.
The client attends the notary's office, and the notary will explain all documents personally. After this, the mortgage signing date can be scheduled.
Dation in Payment:
These are contracts in which an asset is given in exchange for the extinction of a prior debt, thereby releasing the former debtor.
Required Documentation:
For mortgage loans and debt acknowledgment:
Economic details of the transaction.
Title deeds of the properties being mortgaged.
DNI of lenders and borrowers.
Marital economic regime of both.
If a company is involved, current powers of attorney or appointments of administrators. Registration details in the Commercial Registry.
For urban properties, a certificate from the homeowners' association stating that community fees are up to date.
Cadastral reference (last IBI receipt).
Whether it is leased or not.
For mortgage cancellation or resolutory conditions:
Economic details of the transaction.
Deed of constitution of the mortgage or the resolutory condition.
DNI of lenders and borrowers.
If a company is involved, current powers of attorney or appointments of administrators.
Registration details in the Commercial Registry.
Cadastral reference (last IBI receipt)
Whether it is leased or not.