CANCELLING YOUR MORTGAGE AT THE LAND REGISTRY
If you economically cancel your mortgage with the bank but never inform the Land Registry, the mortgage will still be registered against the property.
Why is important to cancel the mortgage at the Land Registry?
If you decide to sell your property, the buyer will find out that there is a mortgage against the property and he/she can reject the sale. Even if you tell the buyer that your mortgage is cancelled, he/she probably will not buy a property with a mortgage against it.
If you would like to sell your property free of charges it is important to clear the mortgage at the Land Registry.
How can I know if my property is affected by a mortgage?
In order to know whether or not your property is affected by a mortgage, it is necessary to contact Land Registry and ask for a Note (Nota Simple).
Nota Simple is the proof of ownership. Moreover, Nota Simple also notifies about the charges (i.e.: mortgages), foreclosures and embargos (i.e.: mortgage arrears, Council Tax debts (IBI)) that the property keeps.
How can I cancel the mortgage at the Land Registry?
The mortgage cancellation will require some steps:
Preliminary
If you do not have economically cancel the mortgage, and you have to transfer the money to clear the mortgage debt, the bank will require some documentation.
Due to the Anti Money Laundering Law , it is necessary to prove the origin of the funds (i.e.: bank statements, ownership certificates, selling deeds, heritage,…).The bank will inform you about the documentation you need to provide first thing first.
Once this step has been done, you need to follow the steps below.
First
You need to contact the branch of the bank and formally ask for the cancellation of the mortgage at the Land Registry. It is better to do it in writing addressed to the head manager of the bank.
Second
The bank manager will prepare the cancellation deeds together with the Notary and they will make the appointment.
It is important to highlight the fact that you can be penalized by the bank for the cancellation. When you sign the mortgage deeds, it is common to agree some charges and expenses connected with the cancellation of the mortgage. For this reason, it is important to ask the bank for the cost of the charges related the cancellation before proceeding.
Moreover, you will also pay the cancellation deeds at the Spanish Notary and the cost of the registration at the Land Registry.
Third
Once the notary signs the mortgage cancellation deeds, you will be able to pay the notary and collect the original deeds.
In order to submit the deeds at the Land Registry, you need to fill a form (Modelo 600) and submit the original deeds and the form to the Land Registry.
Once the Land Registry has registered the deeds, they will contact you. They will inform you about the cost of the registration and when you can collect the original deeds for your records.
In order to avoid any problem with your mortgage cancellation at the Land Registry, it is convenient to hire the services of a lawyer.
Do not hesitate to contact REUTERS SOLICITORS for free information.
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