Luis Prados Ramos




Putting the title of this entry between exclamation points is a nod to what more than one person must think internally who, after having paid every euro that they owed to the bank, simply wants to get the charge to disappear from the Land Registry .

In order to be as clear as possible, we are going to separate a series of points.

What is a mortgage cancellation?

Strictly, the cancellation is the entry made by the Property Registrar in the open page of a property to record the extinction of a mortgage. The usual thing is that this cancellation is due to the fact that the loan has been paid, and to this assumption we are going to refer.

How is the mortgage cancelled?

The cancellation of a mortgage is carried out through a public deed in which the Bank, through its representatives, declares that it has collected what was owed to it by reason of a loan and consents to the removal of the mortgage from the Land Registry. .

Therefore, a public deed is required that will later have to be presented at the Property Registry. It is not necessary to carry out the deed before the same notary that constituted the mortgage

Is the deed of cancellation always necessary?

No. A mere request will suffice, which may be made by means of an instance with a signature authenticated before a Notary or by appearance before the Registrar, provided that the twenty-year period has elapsed, from the day scheduled for the payment of the last agreed installment of the loan. , and there is no record in the Property Registry that the mortgage has been renewed, the prescription interrupted or duly foreclosed.

How much is the cancellation of a mortgage worth?

Mortgage cancellation has as fixed expenses those corresponding to the notarial public deed and the property registry, but since the year 2000 mortgage cancellations do not accrue any tax.

Both the notary and registration expenses are highly subsidized, compared to other types of operations. The exact price depends on the amount of the loan, unlike what happens with the constitution of a mortgage, the cost of which is calculated based on the mortgage liability.

Approximately and for a loan of an initial amount of 120,000 euros, the Notary cost may be over 180 euros and a slightly lesser amount for the Registry.

Can there be other cancellation fees??

Since 2000 Mortgage cancellations do not accrue any tax. Despite this, they must present themselves for liquidation, which means filling out form 600 and presenting it at a competent office in the autonomous community where the mortgaged property is located.

The easiest and cheapest way to carry out this procedure, today, is from the Notary itself, through the platforms available to notaries.

You must check, in the event that the cancellation is made by payment before the agreed maturity, if you have agreed in your mortgage loan deed some type of commission for early repayment, but this cost is a consequence of the loan and not a cancellation cost .

Some financial entities tend to set commissions for issuing a zero balance certificate, the legality of which may be questionable, as well as expenses for traveling the bank representative to the Notary..

And finally, there may be agency expenses, if there is a third party (because it is not done from the notary itself) that is in charge of collecting the deed at the notary, presenting it for liquidation at the tax offices of the corresponding autonomous community and later in the Property Registry, to finally collect it and return it to the interested party

¿Can the Notary and the agency impose me?

No way.

Regarding the notary, it is advisable that you present the zero balance certificate and that the notary himself be in charge of contacting the financial institution.

Regarding the agency, it is important to note that the Bank cannot impose any agency and that these expenses have become the main cost generated by a mortgage cancellation, if you do not manage to get out of the system that the bank offers you.

More information on this matter can be obtained here and here

312 thoughts on “QUIERO CANCELAR MI HIPOTECA!!!!”

  1. The truth is that the comment was very useful to me. Today April 26 I have sold my home. The mortgage that I requested for its purchase had been paid off for a couple of years. At the request of my buyers' bank, to cancel the mortgage, for a provision of funds for cancellation expenses of 940 euros, I decided to do the paperwork myself. The result has been that the cancellation expenses for a mortgage of 176,000 euros, the notary invoice has been 124 euros and the registry one 98 euros. In total 222 euros and the duration of the procedure 15 days. Words are unnecessary.

    1. Hello, tomorrow I am signing the sale of an apartment, but the buyer's bank says that I must leave a provision of funds of €800. I want to do the mortgage cancellation procedures. Can they pressure me to do it through them? is it legit?

  2. I love to dream that the banks do not impose the manager with whom they have agreements (and which I suppose also benefits them financially and they share profits...) But... when they do not behave so well and they say that another is not trustworthy and they do not They will give you the money, what can you do?

    Should I tell the Bank of Spain to give them a machete?

    1. First of all, thank you very much for having read our article on the web regarding the cancellation of mortgages. There is another article published on the web (SOMETHING MORE ABOUT THE CANCELLATION OF MORTGAGES) that reflects all the racket of the payment of commissions.

      If something has changed and forever with the real estate crisis, it is the relationship that we must have with the banks. They are not a trustworthy entity, but the other party to a contract, with whom we have to negotiate and leave all the loose ends tied up.

      In terms of mortgage cancellation, I would differentiate between two cases:

      a) The first is the case that I have paid the loan and I want to cancel the mortgage. In such cases, completely run away from the management offered by the bank, which is overrated.

      b) The second case is the assumption that I sell my house and with what I receive I pay the outstanding mortgage. If the buyer in this case has financed his purchase through a bank, it may make some sense that the management of all the documentation (purchase, mortgage and cancellation) is unique. But having said this, the agency in such cases does not provide any service to the seller, but to the bank, to be able to register your mortgage with no other charges than yours. In such cases, the fundamental thing is to demand a correct liquidation of the provision of funds, and to know that the agency fee is negotiable. Recently, an operation of this type, a withholding for cancellation expenses of 1500 euros was made, when according to my calculations between the notary and the registry, it would not come out more than 300 euros.

      That being said, fight for your rights, but on time. When a person is belligerent, the banks back down. Ask for information on the costs prior to any operation, require justification of the provisions of funds, choose a notary (who will be the best to inform you) and if none of this is fulfilled, claim before the consumer offices, notarial associations, office of Ombudsman for the client of the bank and the Bank of Spain itself.

      Greetings and thank you very much for following us.

  3. Hi, I just signed some documents today before the notary, acquiring a home through a loan called fovissste, but I'm sorry I don't want the house anymore, I want to know if I have time to cancel the purchase or what I can do to avoid acquiring that debt help me I beg you

    1. I am afraid that, without the agreement of the sellers and the bank, it will be very difficult to undo the sale. If there had been some kind of coercion, error…. that could be cause for nullity of the contract, it would be the judge who would have to decide. To be more precise you should have more information. Regards, cheers and Merry Christmas

  4. My question is about the "mortgage lifting" procedure. My intention is to make the arrangements myself and from what I understand the procedure consists of:

    1. Request the zero balance certificate from my bank.
    2. Go to the Notary with the deeds so that they execute the deed of cancellation that must be signed by the representative of Kutxa. From what I understand, Kutxa should not charge me any type of commission and the Notary expenses would logically be at my expense.
    3. Submit to the Provincial Treasury the liquidation of the Tax on Documented Legal Acts.
    4. Present all this in the property registry.

    So far the theory...

    In 2013, I finished paying the mortgage loan that I had contracted with my financial institution, and at the end of 2014 I wanted to start the procedure of "lifting the mortgage", a fact that I communicated to my manager at the entity, who initially told me that he had to make a provision of funds for agency expenses, etc. When I told him that I was going to take care of the procedures, and request the zero debt certificate, he referred me to the notary.
    From the notary, they sent me to the Entity, since the attorney had to sign the deed, etc. etc Once in contact with my manager, he sent me back to the Notary, who in turn sent me back to the Entity, and so on until today…………………………………..
    I intend to make an appointment with the Director of my branch, but first and if possible, please tell me if the procedure that I have detailed is correct, or failing that, what are the steps that I should follow.

    Reiterating my thanks, I say goodbye attentively.

    1. Advice go to the bank and ask for the zero debt certificate, do not leave it in the hands of the manager. They are giving you long. This certificate is free and they do not have to charge you for it and also they do not have to put any trouble on you, you have paid So they have to give it to you. Then you go to the property registry and ask for a simple note. With those papers and the phone number (better the director's card) have the notary contact him while the notary is doing the mortgage cancellation deeds. And the last step that the representative of the branch is going to sign. You see that they do not even pay attention to you. Well, if you have a lawsuit, you contact a mortgage lawyer because filing a claim with the Bank of Spain is useless. They will tell you Yes, it is malpractice on the part of the entity, and that will remain and you will continue with the same problem. Greetings and I hope you get results.

    2. Hello. After paying all the mortgage debt,
      The first thing is to ask your bank for the debt certificate 0. They give it to you at the moment and they do not charge you anything.
      The next step is to take it to a notary, the one you prefer... after 10 days they call you to collect the documentation and pay the fee, I paid for a cancellation of 60,000 euros 125.85.
      Next step finance, you do not pay anything and they give you a document of documented legal acts at the moment
      And finely everything is taken to the registry, where you leave the deeds and the finance paper and a forecast of funds of 200 euros
      They say that in 15 days they call to collect everything and the excess money is returned or what is missing is paid... and nothing else is simple

  5. Hello Luis, my question is in relation to the amount that I have been charged at the notary for the cancellation of the mortgage. It was a mortgage to which he had subrogated me for a value of €80,000. In the notary invoice, the calculations have been made for an amount of €190,000 and they tell me that it is due to the fact that it is a subrogation. The total of the notary invoice amounts to about €210.

    Is this correct?

    All the best

  6. Advice go to the bank and ask for the zero debt certificate, do not leave it in the hands of the manager. They are giving you long. This certificate is free and they do not have to charge you for it and also they do not have to put any trouble on you, you have paid So they have to give it to you. Then you go to the property registry and ask for a simple note. With those papers and the phone number (better the director's card) have the notary contact him while the notary is doing the mortgage cancellation deeds. And the last step that the representative of the branch is going to sign. You see that they do not even pay attention to you. Well, if you have a lawsuit, you contact a mortgage lawyer because filing a claim with the Bank of Spain is useless. They will tell you Yes, it is malpractice on the part of the entity, and that will remain and you will continue with the same problem. Greetings and I hope you get results.

  7. Maria Consuelo Sanchis Aparicio

    Good afternoon:
    Please, I would like information to request the Bank to cancel the mortgage requested in 1990 and canceled in 1993. I have all the receipts for said cancellation and I need to update this cancellation since I am going to sell said property.

    I am with an organization the Bco., which was the Banco Español de Crédito absorbed by the Bco. Hispanic Central.

    If anyone can guide me I would be extremely grateful.

  8. Good night:
    I have a question related to the cancellation expenses of the mortgage (Registry and Notary) related to the Income Statement.

    In 2014 I canceled the mortgage and paid €100 at the Notary and €75 at the Registry as expenses for said procedure. Can I include these amounts in the amounts paid for the deduction for the acquisition of the habitual residence in the 2015 Income Statement? The sum of the installments, the final payment of the mortgage and the mentioned expenses do not exceed €9,015 of the maximum deductible amount.

    Thank you so much for your help.
    All the best

    1. In my opinion they do not imply a purchase price or financing for the purchase, but these amounts being so small, I do not believe that the Treasury did any verification, nor that the final installment of the tax makes much difference to you.

  9. Hello, I would like to ask a question, I have a buyer for my apartment, we wrote the notary in July, I still have a mortgage of 41,000 euros for that apartment, I want to repay a good amount so that the cancellation expenses that are the 1% are not too much, but I would like to do the rest of the steps on my own so that my expenses do not skyrocket. Where do I begin? When I go to the notary, do I tell him that I want to carry out the procedures myself? I'm a bit lost where to start.
    thank you.

  10. No, the buyer does not use a mortgage to finance the purchase of my home, he pays for it with savings. Does requesting financing from the bank influence my mortgage cancellation?
    greetings and thanks

    1. Things change if there is a mortgage. But if there is not one as you say, ask the bank for the certificate of zero balance and that they send the documentation to the notary of your choice. The bank cannot impose on you that you use a certain agency, notary, or therefore a provision of funds for nothing. I calculate, although it depends on the amount of the loan, that the total expenses of the cancellation should not exceed 300 euros.

  11. Thank you very much, it's nice that there are people like you, otherwise, some of us are lost in these legal issues and do whatever they want with us.

  12. Good afternoon; Next Friday we sign the sale of our house and we have to cancel the mortgage. They have passed us a provision for expenses that, by all accounts, seems excessive to me. The principal of the loan was 178,000 euros. The notary provision is €435 and the registration fees are €335. The management fees, which I understand is where they could charge me whatever they wanted within an order, €346. Am I right? Are they excessive expenses?
    We have been told that our buyers' bank can refuse to sign the mortgage if they do not take care of the cancellation, which puts us between a rock and a hard place. What options would we have? Is it possible to carry out the operation and claim later, for example, through the OCU?
    Thank you so much

    1. The provisions of funds are usually made a bit loose, so that the registration and Notary invoices, the logical thing is that they are lower than what they have budgeted. Regarding them, if you have any questions, ask at the Notary or the Registry, and they will gladly assist you, I imagine) and if you do not agree, you could complain. In any case, if you have any doubts about the notary invoice, we can make a recalculation for you, so that you can rest easy.

      Regarding management expenses, there is no fee, but the truth is that agencies linked to banks tend to have higher fees, for various reasons that are irrelevant.

      What must be required in any case is a correct liquidation of the provision of funds. And I imagine all of this arises the way it is because you will pay your mortgage with the money you receive from the sale. If this were not the case, the matter changes, because you will be able to leave the bank circuit.

      Where is your signature from?

      1. My mortgage is with Barclays, currently Caixa Bank, and it is in Madrid. Indeed, the cancellation was going to be charged to the amount of the sale.
        I have called the registry and the notary where we signed the sale of the house that I understand that, being the one that our buyer's manager works with, they would also do the deed of cancellation.
        In the registry they have told me about registration fees of about €150 and in the notary of €250 for the deed and approximately the same for the registry. In both cases far from what the agency budgets.
        What worries me about this is that even if they perfectly justify these expenses through the corresponding receipts, these receipts end up being "inflated"... I will be very badly thought out but seen what has been seen... We are even considering delaying the signing of the sale to try to cancel the mortgage before and take away both management expenses and the feeling that they are abusing.
        Thanks for your interest

        1. As a result of various people who come to my Notary, I wrote an article on my website, based on a Barclays case, and later I made a longer version for the blog hay derecho, which the editors requested. It has links to both articles. If you can try to get out of the bank circuit. And with respect to the notary invoice, I promise to review it in front of you, for your peace of mind.

          Greetings and despite the fact that it costs, it is very important that we all fight for a society without corruption or corruption.

  13. I am in the process of buying an apartment that finished paying its mortgage in 1993 (although the deed shows the end date as 1998) so we have been told that it cannot be canceled ex officio (The sale is being carried out by proxy, since the owner is older and cannot travel to Spain) there is a zero debt certificate from the bank, but the deed of cancellation is missing.
    This mortgage was made at the time with a foreign bank in Jersey. We found the problem so that the agent of the bank (a bank that disappeared, but was absorbed by another and it is with this bank that the negotiations are being carried out) moves to sign the deed of cancellation. Is there any other way to cancel the mortgage? How long can said cancellation take? Well, they tell us that ex officio it could be done in 2019. What repercussion can we have if the mortgage is not canceled and we buy the apartment?
    Thank you very much for your interest and best regards,

    1. It can be canceled without deed after twenty years from the agreed expiration date of the operation, that is, if it has been paid before, that date does not count. That said, the only way is through a deed granted by the creditor. If the bank has disappeared, then there will be another responsible entity, if there was a merger, or if the bank was liquidated (something not very frequent) the acquiring bank or the liquidator must grant the deed.

      The important thing is that the payment of the debt can be justified. If you can't get cancellation, but you know the mortgage is paid off, there's little risk. Perhaps the problem is if you want to apply for a mortgage for the purchase, because I don't think your bank will agree if the debt is not registered.

      If you have the slightest doubt, buy another floor, there are many today.

      Little else occurs to me.

  14. Hello Luis, your article is very good and clear.

    A few days ago I canceled my old mortgage (€80,000) on my own and the expenses were….
    -Certified 0 free (after several complaints and claims)
    -Notary €155
    -Registration of the property €156

    I think that both in the notary and in the registry I have paid more…..but I don't know if I should claim or better leave it because it is not worth it for all that it entails getting into claims and trouble for the money that is going to be recovered …..I am very fed up with “fights” and complaints so that they would agree to give me the happy free 0 certificate that at first they wanted more than €100…..what do you think?…..thanks


      1. Okay. thank you...... looking at several recent examples from different people on the internet for a mortgage of €80,000, the registration fees never reach €100......but hey, I'll leave it at that...thank you.


  15. When I found this web page I was surprised that you talk about quite low notarial fees. I tell you my case. I have bought three parking spaces that were in bankruptcy proceedings for a total of 16,500 euros. At the notary they ask me for the deed of sale for about 550 euros and for the deed of cancellation of the mortgage of the three garages which was about 60,000 euros (the cancellation is assumed by the bank and I bear the costs) they ask me 350 euro. Prices seem very high compared to what I have seen on this page. If so, tell me how I can act. I live in Alicante.

  16. Carlos Garrido Suarez

    I would like to know if I send the deed of my mortgage (which is already paid in full) could they do the deed of cancellation. Kind regards.

  17. I would say that there is an error in the article when it says that "Since the year 2000, mortgage cancellations do not accrue any tax." since from 1/1/2015 the notary fees (and also the registration fees) for cancellations of mortgages and other services in which Banks and Credit Institutions intervene, are subject to VAT 21%.

  18. I finished paying a mortgage in 1992. The bank has issued a document stating that the loan is cancelled. Now I have sold the house but I am not sure if I have to cancel the registration or after 20 years it is no longer mandatory.

      1. I do not know what a "writing with a notarized signature or ratified before the registrar" is or where I have to present it. Who has to do the writing and who should put the writing?

        Can I go to the registry with the bank document in which it indicates that it is fully paid and that's it?

        1. No. It is a request where it is stated that 20 years have elapsed from the date of payment of the mortgage and requests cancellation. If you do not provide the details of the farm, we will prepare it for you and then you go to a notary to have the signature legitimized, that is, a notary has to say that the signature is yours.

  19. Good afternoon,

    I need help with a mortgage cancellation issue I think "they are kidding us" and we are not capable of defending ourselves.
    I explain what is happening, my partner is selling his apartment which is loaded with a mortgage. The person who is going to buy it has already granted the loan and the agency of his bank has contacted us to request the pertinent documentation. The fact is that we want to personally take charge of the cancellation in the registry, I have already seen that you have to request a document from the bank once paid, go through a notary public, etc...
    The incredible thing is that the agency wants to withhold 1,250 euros from us for this management, whether they or we do it at the time of signing (forcing us to do it with them in some way).
    They can do it?? is it legit?? how can we refuse? Is there any law that we can take advantage of?

    They have answered me this:
    “Regarding what you tell me about the provision of funds for the cancellation of your charge, you can do it on your own, but we also have to withhold the money until you provide us with the simple note from the Registry without said charge. Once you send it to us, we will fully refund the money withheld on the day of signing. But on the day of signing we have to withhold said amount.
    If you do not agree, we would have to withhold it from the buyer but you would have to discuss it with him to see if he agrees.
    Confirm me if we process the cancellation or you will do it on your own. I will break down the provision of funds of 1,246.45 euros (Notary 500, Registry 400 and Agency 346.45 euros)"

    Between capital gains, commission, mortgage closing and now I don't know if it's a good idea not even to sell the house.

    Thank you very much for your time in advance.

    All the best.

  20. Good afternoon,

    Soon I am going to buy a flat in Gijón.

    I do it through the intermediation of a real estate agency. The sellers of the apartment still have a mortgage (of which I do not know the amount, since nobody has wanted to inform me until the
    date), and I do not need any type of bank loan (cash payment). This same seller will use part of the money from the sale to pay off her mortgage debt and buy a new apartment.

    Soon I am going to notarize and my doubt lies in the payment procedure. The real estate agency has just informed me of the payment procedure on the day of the deed. It will be through two bank checks, which will be in the name of two banks. In other words, the first check will be to cancel the seller's mortgage and it will include the cancellation expenses. The second check will be in the name of the new bank, which grants the new mortgage to the seller (the amount will be the difference between the initially agreed price for the home and the amount of the first check). Apparently, the same day the apartment is sold, the same saleswoman wants to buy the new apartment.

    I thought that the checks would be in the names of the sellers and that the seller would be the one who would be in charge of paying off the mortgage or making a bridge mortgage, and that on the day of the deed the apartment was exempt from charges. This method of payment has 'misaligned' me a bit (since in the deposit contract, there is no mention of this method of payment), with which I have a series of doubts:

    1) I would like you to confirm if, at the time of notarizing, the apartment should be free of mortgage charges, and appear like this in the registry.
    2) If the first check is legal, what should I take into account at the time of notarizing so as not to take over the seller's 'mortgage'? (that is, to avoid having any surprises with the seller's bank, for example other expenses...)
    3) What are the documents that the Notary should have on the day of the deed (in reference to the mortgage of the house for sale)?
    4) Why does the second check go to the name of the bank and not directly to the name of the buyer?
    5) Should the representative of each bank be present on the day of the deed?
    6) When will my name appear in the Property Registry and that the house is completely free of charges?

    Thank you very much in advance for your answers.

    All the best.


    1. All these doubts must be resolved by the Notary who authorizes all the deeds. For this reason it is very important that you trust him, for which it is essential that the Bank not impose it. The other questions do not have a single answer, and it depends a bit on the uses of each square. For example, here in Lleida, it is the Notary who keeps the check to pay the previous debts.

      From what I understand, will you write a check payable to your buyer's sellers? It is not very frequent, the logical thing would be for them to endorse the check. I would not mix operations

  21. Good morning, next month I am going to sell my house. At the moment he has a mortgage with ING DIRECT that I am going to cancel in the same act of the sale. The buyer is also going to request her mortgage from the same entity. My question is: in the same act of signing the public deeds, with my certificate 0 debt from ING DIRECT, can I ask the notary to write me the deed of cancellation so that I can continue with the presentation procedures in the Ministry and registration in The property registration? Thanks a lot!

  22. Many thanks in advance for the wonderful help. I tell my case. I want to buy an apartment but the owner has not yet paid off the mortgage, despite being paid. I must wait until it is canceled to make a deposit contract and be sure. I will also contract a mortgage loan.
    Thank you

      1. Thanks for the reply. It would be convenient to put a clause in the contract that obliges the seller to have everything canceled for the day of the sale, and also bear the associated expenses. Thank you

  23. There is a table of values to find out what the Notary can charge you for the cancellation of the Mortgage. In my case, I have 2 on the same house, one for 44,000 and another for 18,000. They have asked me for a provision of funds of €300, how can I find out what they should charge me approximately. The Registry and Treasury procedures are done by me, that is, it is exclusively notary, since I have even provided them with a simple registry note, since it seems that they need it, but they do not tell you, I imagine that to upload the bill. Thank you.

  24. Good night. I have scheduled the signing of the sale of my home on December 9 and I have several questions:
    1) Once the sale is signed, it is possible that I am in charge of carrying out the registration cancellation procedures or necessarily have to do them in the same act, with the consequent increase in the cost of the invoice, since in the end the bank itself would end up doing it .

    2) How much should the notarial expenses for canceling a mortgage worth €170,000 amount? Are there fixed prices established or are they variable according to the notary?

    Thank you so much. Greetings

    1. Everything will depend on whether or not the buyer asks for a new mortgage with which you will collect and pay your bank. If this is the case, it will be very difficult for you to leave the bank's system, and for it to be the bank that manages the cancellation, in which case ask for justification of all expenses. Notary expenses are fixed, there could be differences but insignificant. In any case, you always have the possibility of having the invoice checked at the Notarial College. All the best

  25. I am about to receive important money with which I could buy my own apartment, although it may take a few months

    I want to request a mortgage to start my life in my new house without waiting to receive the money, but as soon as I receive it I want to cancel the mortgage.

    Can be done? How much would it cost to cancel that mortgage?

    1. Of course you can do it, but like everything in life it depends, it costs money. Banks usually establish some type of commission for early cancellation that you should watch if the cancellation is in the short term, as it is usually more expensive. If you cancel part of the debt, you can reduce the term or installment, and in the long run it is cheaper to reduce the term while maintaining the installment.

  26. I have 3 canceled mortgages pending lifting, some of them from many years ago.
    I have ever gone to the bank to find out the cost of lifting them but they have not clarified anything.
    My question is if I can do it on my own or if it should be through the bank.
    If I can do it on my own, I would appreciate it if you could tell me the procedures to follow.

    Very grateful that you can help me, I take this opportunity to say hello
    Very truly yours

  27. Hello, good morning, my question is the following: I finished paying the mortgage in March 2015, I am ready to do the pertinent paperwork and the bank tells me that if I want to do it on my own, I can do it after 20 years of the last payment. That the zero debt certificate is done to me without problems, but for the procedures (notary, finance, registry) you have to wait 20 years. It seems to me a tease and a force for the bank to do the procedures; I would like to know your opinion, regards.

    1. The twenty years from the expiration date would be to remove the mortgage from the registry, without the need for a deed. For the rest, you can do the paperwork, and if the bank does not let you or causes problems, make the corresponding complaint to the bank's own customer ombudsman service, and if they ignore you, to the claims service of the Bank of Spain .

  28. Hello, I have a mortgage (subrogated) for an amount of 160.00 euros. In some places it says that with the new law, the deed of cancellation of a mortgage is a "document without amount" which means that they can only charge 30 euros, and the copies of the sheets that make up the new deed, is that true? ? They say that the new law is being interpreted differently depending on the notary, so it is recommended to consult several, is this true? What percentage of the mortgage value must be paid in the property registry? Thank you

  29. Hello, my question is the following, what steps must be followed and what amounts should we pay in the following case?
    My husband bought the apartment we live in when he was single, we got married (community property), now we have finished the mortgage payment and we would like to put it in both of our names. What has been said can you tell us the steps and expenses such as taxes (La Rioja community), notary, registry, bank... etc. Please, I await your response because we are a bit lost. Thank you.

  30. Hello good .

    My question is the following. I am going to buy an apartment in cash that has a pending mortgage. The seller's bank does not go to the notary and will send a certificate to the notary of the amount that remains to be paid. They tell me to prepare two checks conformed, one for the bank and another for the seller... apparently, the seller will take it the next day to the bank, which is in a different community and they will cancel the registration... my question is:

    In the signing of the deed of sale, is it stated that the apartment is free of encumbrances?
    Is it reflected that I deliver the checks and that one will be used to pay off the outstanding mortgage?

    In short, what do I take home signed that day, that I am the owner of an apartment and that the seller is responsible for delivering a check to his bank?

    thank you

  31. Hello, first of all thank you very much for the information.
    As soon as the new year enters, he paid off the mortgage. I have €2,500 left and I am clear that I have to pay the 1% for early cancellation, a total of €2,525.
    The fact is that BBVA is already trying to "nail it"... for now it tells me that for the zero debt certificate, it is €90 + VAT... And on the other hand, I don't know what the hell they have to do with the notary so that it is according to an internal model that they have of I don't know what… What happens if I pay the €2525 and close the bank account and do nothing else? In principle I have no intention of selling the house "never"...
    On the other hand, if I pay the €90+ VAT for the zero debt certificate and I don't do any more paperwork for now (no notary, no registration), will that certificate serve me indefinitely? That is, if in 10 years I want to do the process with the notary and the registry, will this same certificate work for me?

      1. So it's better to make an omf transfer to the seller's bank, right? Can it be done with an irrevocable transfer order executable on the day of signing and after it?

          1. And to make this payment to the bank, do you take the check in the name of the entity on the day of signing so that it is included in the deed?

  32. Hello, I would like to ask a question. I am going to sell the family apartment. My father died over twenty years ago and my mother agrees. When I have gone to register the cancellation of the mortgage that is more than forty years old, I have encountered the problem that the mortgage deed does not show an expiration period, it says that it is five years extendable from year to year. Even if the mortgage is so old, does the bank have the obligation to have the documents that justify that it is paid?

  33. Horace Barrena Garcia

    I bought a home in 2010. The total price included the mortgage loan that the seller had arranged with the bank, the latter committing to pay the entire amount to be delivered free of charge. Now the bank asks me for a provision of 1,000 euros to cancel the registration of the mortgage, which I refuse. Can I sue the bank and the seller in court to cancel the mortgage? I suppose it will be cheaper than paying for the provision that they ask me for Thank you

    1. Claim the customer defender and, where appropriate, the Bank of Spain. The bank cannot impose the management of the document not charge it any amount for issuing a zero balance certificate

  34. Hello,

    It happens to me like Javier (December 16, 2015).

    I have gone to my BBVA branch to cancel the mortgage and they ask me for 90 euros for the costs that the cancellation before a notary generates (?) alluding to internal procedures carried out by an agency.

    I understood that if I carried out all the procedures (notary, registration, ...) the bank should not charge me anything. I'm right?

    Thank you.

  35. Angel L. Munoz del Castillo

    If the cancellation of the mortgage paid has been cordially attempted and it has been impossible to carry it out,
    What do you think would be the appropriate judicial procedure to obtain a judicial resolution that obliges the Registry to register the cancellation?
    Greetings and thanks

    1. I don't know what the problem is with the registry, but when faced with a qualification from the registrar, you can appeal to the General Directorate of Registries and Notaries and to the Court of 1st instance.

  36. Good afternoon, thanks for the information.
    Although there is something that is not very clear to me. When I sell my apartment, do I have to have the deregistration already paid? Does the cancellation of the bank and the notary serve? In some registries it takes months to formalize it and I live in another community. Can it be processed online? Thank you so much

    1. The cancellation can be processed online from the Notary. And the registration period cannot take more than 15 days, having the right to a reduction in the registration cost in case of delay. The most convenient thing is that when you sign the sale, you have already registered the cancellation of your mortgage. If this is not the case, the way of acting will depend a little on the practice of each place.

  37. The question was addressed to the appropriate judicial procedure to request the cancellation of the mortgage, in court, when the bank, as a result of the mergers, has lost my data and they do nothing to facilitate the process.
    Maybe the domon file is that procedure I ask? So that once there is a judicial resolution that agrees the cancellation of the mortgage, you can register in the Registry.
    Or could this cancellation be made through a notary even if the bank does not agree to process the cancellation?
    Thank you so much

  38. A few days ago and after finishing paying my mortgage I proceeded to make the notarial cancellation regardless of the agency, the mortgage loan did not reach 40,000 euros and at the notary (chosen by CAJAESPAÑA-DUERO) I have cracked 110 euros, which I think a real robbery, besides I have to go through the registry. Knowing the ways of banks, I am afraid that they are in cahoots with notaries to smear the staff who leave, in a small city like mine this is the order of the day, in my case the bank is barely 80m away from that notary. I just wanted to know if it would be worth looking at challenging that invoice since I only have 15 days to do so.

    I would appreciate a prompt response. Thank you

  39. Thank you for assisting me. (I'm Jose, the one from the comment January 24, 2016 22:30)

    It turns out that my deeds included two loans, one for the house and the other for the garage space, apparently the bank at the notary only presented the documentation to cancel the mortgage corresponding to the house despite the fact that I previously signed two at the bank requests to cancel both. When I go to the bank to comment on it, it only occurs to them to give me a most bizarre and absurd apology (according to them, CAJAESPAÑA-DUERO, upon being absorbed by Unicaja, is in the adaptation phase and apparently this caused the "mistake" of not presenting the sheets of writing where the garage space comes from.

    Now I will have to go through the notary again and pay the bill again for notarizing the cancellation of the mortgage for the garage space, which I imagine will be at least another 100 euros.

    All of this leads me to the conclusion that the person with whom I discussed the matter at the bank has deliberately played a trick on me and, regardless of the actions that I may subsequently take in this regard, and once I have reached this point I am interested in to know if it is convenient for me to wait to go to the registry to have the two deeds so that it will be cheaper for me to present them both together.

    I would also like to know to what extent it is normal (rather I would say to make known) that these things happen (and that do happen) that the only thing that they suppose is to charge an extra expense for the client and that makes us think about the attitude of the bank to the client once he has assured me that he does not charge anything for the procedure.

    A greeting and thanks in advance

    1. If they are two different mortgages, they will be two different cancellations for all purposes, both from the Notary and from the Registry. It is possible that there was a mistake, but to tell you the truth it is very common in these times of so many bank mergers.

  40. Good morning,

    I am selling my home that has a mortgage with Although it belongs to Banco Popular, it does not have branches. Buyer will pay by check. In online banking they tell me that the buyer must issue a single check in my name, which we will deposit in the mortgage account and the bank will proceed to cancel the mortgage. If so, what type of check should the buyer's bank issue? Wouldn't it be more logical to have two checks, one in the name of the bank to cancel the mortgage and another for me?

  41. Good afternoon, Mr. Prados.
    First of all, I would like to congratulate you on your excellent blog, which helps to clear up many of the doubts that those of us who are laymen have regarding bank and notary fees in relation to mortgages.
    My case is the following. Last October, I sold a house in Seville that at the time was encumbered with a mortgage of 19,833.40 Euros, paid in full several years ago, but that I had not bothered to raise until a few days before notarizing the sale. The invoice that I paid at the Notary for this procedure amounted to 136.92 Euros, of which 90 Eur. correspond to notary fees, having applied Tariff 2.2f on a tariff base of 13,883.38 Eur. Is this correct? Later, I have also seen that Tariff 6.3 (Departures) is applied to me in the invoice for an amount of 18.03 Euros, something that the Notary did not do since it was the Bank's Representative who went to the Notary. I wonder if the application of this Tariff is a common practice or is it that they "gave it" to me.
    On the other hand, I also have a question regarding the draft of the deed of sale itself, for which they have charged me 322 Euros.
    The breakdown is as follows:
    – Imm. Sale, Tariff 2.1, Tariff Base 50,000 Eur., Fees 162.63 Eur.
    – Pages (16), Tariff 7, 48.30 Eur.
    – Other rights, Tariff 6, 40 Eur.
    – Supplies: Paper 3.60 Eur., registration information 11.13 Euros
    All of which, with its VAT corresponding to 21% make the beautiful amount of 322 Eur.
    The fees are not clear to me, since I have seen the Notarial Fee, the accounts do not add up, unless I have not interpreted it correctly and I would like you to clarify it for me, please.
    I don't like the folios either, because if you have to pay 3 Eur. per side from the 5th (included), I don't know how they did the math.
    And what already cries out to Heaven are the 40 Eur. of Other Rights, Tariff 6. What story is this?
    Please guide me on my doubts, for which, in advance, I am very grateful.

    1. If you have doubts, it is best to ask for clarifications at the Notary itself, because I do not know what all the concepts that you say you have been charged for can obey. The only thing I can say is based on the cancellation, which is correct, since it is the 70% of the loan, with a minimum of 90, which is what they have charged.

      The costs do not seem high or inflated to me. Having said this, I have to tell you that the complexity of the notarial fee can cause these uncertainties. It is a norm that has everything but clarity.

      Greetings and thanks for following.

  42. Well, thank you very much, Mr. Luis, for your answer. Yes, I think it is better that I go to a Notary and have them explain it to me because, as you rightly point out, clarity is conspicuous by its absence.

  43. Good morning,
    I would like to know if I have the deed of cancellation of the mortgage of an apartment that I do not plan to sell, is it necessary to go to the Registry or can I save this amount?

  44. Good afternoon Mr Pardos.
    Several years ago I paid my mortgage loan of 72,000 euros, specifically in January 2009, although the promoter subrogated a loan of 196,000 euros, which is what is recorded in the deed in November 2004.
    Now I wanted to sell this house and they ask me to cancel the mortgage. Could you tell me the expenses that derive from this cancellation if I do the procedures myself to go to the property registry, liquidation office, etc.
    I have already read in the forum that previously I have to go to the financial institution and ask for a zero debt certificate etc…
    Thank you very much for your attention

    1. It is to speak with the financial institution and organize the cancellation, since the bank has to sign it. The zero balance certificate or cancellation commission, in principle, should not be charged by banks. But if they do, then they must fight or claim the refund. The deed and registration expenses are fixed, but the exact amount is difficult to calculate until the document is done and also I don't know if the loan consists of 196,000 or 72,000, which could influence the cost. Calculate about 300 euros, it could fluctuate somewhat downwards or upwards and somewhat less register.

  45. Good afternoon, I have a lot of trouble with the sale of my apartment and I would like some guidance. I am selling my apartment for less than what I have left on my mortgage. What steps do I have to do before going to sign said sale? And what costs does it imply? Many thanks for everything

    1. More than the costs, you should consider that when you sell your apartment for an amount less than what you have left on your mortgage, you will continue to owe the difference, unless the bank forgives it. Once this is clear, the costs would be the payment of capital gains and the possible impact on personal income tax, but from what you tell me I suspect that the incidence will be very low.

  46. Good afternoon, I thank you in advance for your answer.
    -I am going to sell my apartment, which has a mortgage and is located in Mallorca, since I now live in Madrid for work. The value of the mortgage granted was 172,000 e.
    -A Swede is going to buy the apartment for me, who has created an SLU, this being the one that appears in the deed. The sale is being delayed due to money laundering to a Spanish bank. The last thing they told me yesterday is that the SLU must be registered in the Mercantile Registry so that Banco Popular can issue the Transfer Via Banco de España (for the economic cancellation of the mortgage) and Bank Check (in my name, the rest of money up to the total). Is it true that the SLU must be registered to issue means of payment? Until now, in the draft of the Deed, it appeared that it was constituted (The Notary has all the documentation for the creation of SLU) and they had requested a date to be registered in the Mercantile Registry. Can I ask you for the SLU constitution documentation?
    – The buyers have requested a withholding of 2000 e for the notarial cancellation of the Mortgage, which is settled in the Treasury as exempt and is registered in the Property Registry. My question is: They pay you withholding when everything is registered, how do they pay you? What means of payment do I ask you, that is safe? Is all of the above recorded in Scripture? Is there any way to make sure they will pay that money?
    -As two previous dates have been set for signing the deed and it has not been possible to sign, due to their procedures, I have decided not to empty the apartment until the deed is signed. How long do I legally have to empty it? It's for organizing my work and traveling to Mallorca.
    In short, in addition to the questions that I have been asking you, the provision of funds that you are requesting is excessive. I have asked the bank to send me provision of funds provided by your notary and I am waiting. If they do it, I imagine that it will become more expensive, due to the matter of the agency, in addition to another agency in Palma de Mallorca, which processes the Registry. I am seeing in your forum the differences that there are doing it yourself. I'm considering doing all the paperwork myself. How much do you think the amount could be if the bank does it and how much if I do it?

    Thank you very much for your help, again.
    All the best.

    1. The first thing to consider is whether you have the money to pay off the mortgage or need the amount of the sale to pay it off. If you have the money, I advise you to do all the paperwork, which in fact can be done from any notary in Spain, online. Otherwise it will be difficult to get out of the bank's system.

      For the company with a Swedish partner, the delay should not be more than 15 days, which is the deadline for registration in the commercial register. If there are more delays, he cannot tell you the reason, except that due to money laundering, everyone acts with great caution.

  47. Good afternoon, I am facing a problem when it comes to selling a place due to the issue of canceling the mortgage. Buy three premises at the same time with a single mortgage loan and the mortgage responsibility of each one appears separately in the deed. By way of example, I buy 3 identical premises with a total mortgage loan of €210,000 in which it is indicated that the mortgage liability of each of them is €100,000. I ask the bank to partially cancel the loan up to 140,000 euros, that is, two thirds of the initial debt and release one of the premises to sell it. The bank refuses and wants me to cancel a third of the total remaining debt. Is this correct?

  48. Good morning, is it normal that tomorrow I have an appointment with the notary to sign the purchase of a home and the director of the bank that is managing it has not yet called me to inform me of the real expenses that it will entail the mortgage and sign the bank papers?
    If it isn't because my partner called this morning to inform him of the place and time, we would still be waiting for him. It is our first mortgage and I don't know how these things are but I don't see the management that this person is doing as normal. Is it normal that it takes more than two and a half months? Is it normal that the bank manager, who is the person who carries out the process, makes us sign papers that are not correct, that he does not summon us or call us to explain the expenses, amounts, etc. In these more than two months and when we ask him to detail where the amounts come from, he gets upset and tells us not to worry but that it is or is like that and to this day we do not know exactly what we have to pay and tomorrow we will Make an appointment a while before, according to him, to sign the bank papers and tell us exactly the amounts? And I say, aren't these things done before and if I'm not directly interested, I don't even make an appointment with the notary? I find it hard to believe that this is done by a bank manager and it is not the first thing he has done wrong, according to comments from other clients... Is this normal? If it weren't for the time we've already waited among other things. I would think twice.

    1. When buying a home we must get used to not delegating anything to financial institutions. Everything would have been very different, I imagine, if your first appointment had been with the Notary, of your choice.

  49. Good afternoon, in April 2015 I sold an apartment with a mortgage, I settled said mortgage with the payment of the new buyer, in the tax data I get the total amount paid as amortized capital, can I deduct everything paid, up to the limit of 9040 euros even if said payment was for the payment of the new buyer? Do I have to put the data on profits or losses in this statement? Thank you. Greetings

    1. In principle, yes to both questions. If you have been deducting taxes, you can also do it in that exercise. And obviously with the sale there is a "capital gain" that could be taxed, depending on many factors.

  50. Jaime Blanch Fabra

    When in an asset, apart from the mortgage of the real estate, they also require your habitual residence for more guarantee, as is my case.
    Question: when a specific 6 years have passed, which has been quite amortized in a 15-year mortgage, is it possible to cancel the mortgage on the added asset to compensate a little, in this case the home?

  51. Good morning,
    First of all, thank you for creating this very useful space. I present my situation:
    I have separated from my partner (we were not married) and I am going to keep the apartment that we bought only 2 years ago and the mortgage. I have the current mortgage at Banco Sabadell and it would go to Banco Popular, which is the one that has accepted the mortgage with only me as the owner and 2 guarantors. The notary refuses to make a subrogation of the mortgage since he considers that many conditions change in this new mortgage and that therefore the current one must be canceled and a new one created in the popular bank. They have told me that this is going to be more expensive but they have not been able to tell me what amounts we would be talking about. Normally which are the games that are paid? The current mortgage is €150m.
    On the other hand, I also have to execute the extinction of the condominium. How should I do it so that it does not appear to my ex-partner as if he has received something and it does not affect him in his income statement?

    Thank you very much for your attention

    1. I don't think the Notary will refuse, because it is a matter between banks. We could calculate the cost of the new mortgage if you give us specific data. The other questions are not to be dealt with by mail. If you want, contact us. All the best

  52. jose damian diaz gutierrez

    good morning
    I am in the process of lifting my mortgage, and the notary has told me that it is not necessary to present model 600 in the registry, I would like to know if that is true.
    Thank you

  53. Good morning,
    I have a mortgage with ING and I want to cancel it in the next few days.
    In the offices they tell me that they do not have attorneys here in Santiago de Compostela and that the attorney will have to go to a notary in Madrid.
    Obviously, I will go to a notary in Santiago. Can I be charged for the Madrid notary fees? Do they have the obligation, the proxy, to go to the notary that I choose even if they are in another city? Can they charge me for the displacement of the agent?

    1. Mortgage cancellation is only signed by the Bank, you do not have to move. If the bank does not have or does not want to have proxies in Santiago, it will have to do so in Madrid or where there are proxies. You will have to pay the cancellation, but only the deed, so the best thing you can do is that once it is signed, they send it to your address, and whoever decides the registration and tax settlement process (which will be 0)

  54. Good morning First of all congratulations for the blog. Excellent and very practical.
    My case. In 2004 I bought a flat with 2 hypot loans. that add up to €99,000. A few months ago I sold the apartment and with the money from the sale I paid off the two loans. A total of €58,000.
    At the time of the vta. €785 was withheld for gtos, cancellation, notary, etc. Yesterday I received the following email from the bank that intervened in the operation (the one that granted the credit to the seller)
    “As we have commented by phone, to cancel the mortgage on the Andosilla home sold to XXXXXXXXXXXXXXX, a calculation of the expenses amounting to 785 euros was made, believing that only a deed of cancellation was signed. As we have received from the notary, Caixa signed two mortgage cancellation deeds for two loans that you had formalized. In this case, the expenses are approximately doubled, with an additional 600 euros being necessary to carry out the corresponding procedures. If it seems to you, I will indicate Ruben's account number so that you can make the transfer in this concept and we can process the deeds.”

    It seems an exaggeration to me even if it is 2 cancellations. Could you tell me what would be the logical amount to pay? Can I refuse to pay it? What legal consequences can it entail? In short, lifting the mortgage is of interest to the bank and its client
    Thank you for your time

    1. To tell you exact costs you should know the amount of each loan. But calculate about 200 euros for each deed. The registration expenses could be somewhat lower and the differences up to the amount that they ask for and I imagine that it is due to bank agencies, whose amount I do not know. The provisions are approximate expenses, what you should ask for is an exact justification of all the expenses, specifying the services and invoices for each one of them, once they have been made.

  55. Good morning,
    I need help regarding mortgage cancellation notary fees. A deed has been carried out to cancel for two loans, a home of €55,500 and a garage space of €6,000. I know the tariffs but I don't know if they are accounted for in this way:

    1.- Garage space loan €6,000.00: €90.15 (of the space loan)
    Home loan 70% €55,500=€38,850 : €90.15
    108,18 €
    13,20 €
    TOTAL €301.68
    REDUCTION 50% €150.84
    this amount would have to include simple copies, stamps, etc.
    or in this other way:
    2.- Garage space loan €6,000.00: €90.15 (of the space loan)

    Home loan 70% €55,500=€38,850 : €90.15
    108,18 €
    13,20 €
    TOTAL €211.53
    50% REDUCTION (home loan only) €105.76

    TOTAL deed fees (€90.15+€105.76) €195.91
    this amount would have to include simple copies, stamps, etc.
    My doubt comes because the invoice for this mortgage loan cancellation deed is higher than the one issued to me for a cancellation of a home loan of €214,300. I await your response and thank you very much in advance

      1. If there are two cancellations in the same deed. And what I would like to know is if the 50% discount is applied to the total or only to the cancellation of the home. I await your response thank you very much

      2. If there are two cancellations, the loan for the garage space and the loan for the home. What I would like to know is if the 50% reduction is applied to the entire amount or if it is only applied to the house. I am looking forward to your response,

        All the best

  56. Good afternoon,
    We have a buyer for the house from my parents that we inherited a few months ago, but when requesting the simple copy in the registry, a mortgage loan appears, already paid off because it is from 1967, which it seems my parents did not cancel in the registry. They tell us to make the cancellation at the same time as the deed of sale, for which they ask us for a provision of €250 (€90 for the notary and the rest for the registry). This amount may be excessive because almost 50 years have passed? It shouldn't have already disappeared from the registry.
    Thanks and regards,

    1. If more than twenty years have passed since the maturity of the loan, the mere request in the deed of sale is enough to cancel the mortgage. In any case, the amount that they ask for the provision of funds is very small.

  57. Good morning,
    I have an apartment with three mortgage charges on it, the opportunity to sell it has presented itself to me. The buyers have gone to the bank, which is precisely the same one I work with, and they have told them all the expenses that they would have to make a mortgage loan, I have done the same in my office, but they have not made it very clear to me the expenses that I have to pay.
    I would like to know, if the buyers are subrogated to each of my charges (mortgages), apart from having benefits in expenses, would it be up to me to make the payment of the registration cancellation? Or would I no longer have to assume any cost for this part? And the buyers with their registration payment (registration) would already be included as a modification and there is no cost to the seller?
    Thank you so much.

    1. If there is a mortgage subrogation, there can be no cancellation fees, since the mortgage remains alive until the moment of full payment. In any case, it is very risky to answer with the four strokes that he gives me. It is best that you consult a Notary of your choice, do not go to the one that the bank tells you. He will advise you better than anyone.

  58. Hello. On June 22, 2015, I sold an apartment. Pay off the mortgage with the sale. They made me leave €900 as a forecast of funds to process the cancellation. To this day, the cancellation has not yet been confirmed, nor has an expense invoice been delivered, or anything. They always say that the subject goes long. They also tell me that this is processed by the bank where the buyer has the mortgage. Can this be true? Is it legitimate to take so long?
    Thank you so much

  59. isca ruiz poyatos

    Hello, I am making a mortgage cancellation of a mortgage loan of €104,800
    I already have the payment letter for the cancellation notary fees €158
    The property is in Oropesa del Mar (Valencian Community) they tell me that I have to pay 1.5%
    of the constitution of the mortgage + expenses of the registry of the property.
    I am confused because on the web I see that the cancellation is exempt from the AJD tax.
    Thank you for your time

    1. Effectively the cancellation is exempt. Once you have the deed, make the 600 model, as exempt, that is, with a 0 fee to enter, and present the deed, after having gone through the property in the Property Registry.

    2. I imagine that the buyer will have requested a mortgage and that is why the bank wants to manage everything. The bank agencies are not especially fast, as they usually exhaust the deadlines for submitting documents. If it is done diligently within a maximum period of one month from the signing of the deed, everything should be done, but the reality is that the terms are easily extended to three months or more. Once you receive the deed, ask for a justification of all the expenses that have been charged to you.

  60. Good morning. I am considering changing my bank mortgage. The new bank prefers to make a new mortgage and not a subrogation. In this case, I suppose that it will be the banks that take over the management and hire their own management companies. However, is there anything I can do to reduce spending?
    On the other hand, the remaining capital to be repaid is 470,000 euros, which would be the amount for which to make the second mortgage. I don't have a cancellation fee on my current mortgage. How much could the expense cost me and for what concepts, more or less?
    Thank you so much.

    1. Banks are quite reluctant to make subrogations, because the law is a bit confusing and the subrogation may not be completed if the old bank manifests, in a binding manner, its willingness to formalize with the debtor a modification of the conditions of the loan that equal or better the binding offer, even if he does not make it later.

      That is why they try to avoid subrogation and tend to make a new mortgage. The big difference is the cost, since a new mortgage pays taxes, which with the levels that he tells me can easily go above 7,000 euros. I don't know the exact expense, because there are factors that I don't know.

      What you should do in any case is choose a Notary, do not go to the one the Bank tells you to, and plan your doubts. It will surely be worth it.

  61. Hello again, thanks for the answer. In those 7,000 euros it includes expenses of:

    Old mortgage: deed of cancellation by the notary and registration.
    New Mortgage: notary, registry, agency, commission for formalization, appraisal by the new bank and Tax on Documented Legal Acts, or would there be any other expense that I do not contemplate?

    I understand that the mortgage cancellation could not be done by me, since it is the new bank that cancels.
    I'm wrong? Thank you.

  62. Hello good morning,
    I wanted to ask you a question to which I am not able to find a clear answer and that many people must ask themselves.

    I am beginning the registration cancellation process of a 150,000eur mortgage. Currently the outstanding balance is zero euros.

    The fact is that the notary applies the tariff on 230,000 euros because he adds the concepts of ordinary interest, late-payment interest, costs and expenses.

    The DGRN Instruction of 5-31-2012 on the application of the additional provision
    second of Royal Decree Law 18/2012, of May 11, indicates for notary fees:


    If the outstanding capital at the time of cancellation is zero euros, should I take this value (zero euros) as the basis of the calculation?

    Otherwise, at least what should be excluded are the concepts of ordinary interest, delay, costs and expenses, right?

    Thanks a lot!
    Excellent post.

  63. Good afternoon,

    I have sold an apartment with a mortgage to another person who has requested a loan from La Caixa, in the Notary's expenses they ask me for a provision for cancellation of the registered Mortgage of 850, that amount is not excessive, since the loan I requested at the time was of 43,500 Euros?, greetings and thanks

  64. Maricarmen Villamarin Anido

    Hello, this August firmware the sale of an apartment that I sold, well, they have to notify me of what day, at what time do I contact the bank to cancel the mortgage, that I will pay with part of the money that I receive from the buyer, ,,what steps to follow I live in Hospitalet de Llobregat and the apartment is in Manresa,,I don't know if any procedure could be done from where I currently live in Hospitalet,,,

    Thank you

    1. I imagine that your buyer's bank will take care of organizing it. To some extent it depends a bit on the practices of each square. Here in Lleida, the amount to pay the outstanding mortgage is usually kept by the notary, who then obtains the deed of cancellation.

  65. Invoice from the property registry for cancellation of mortgage I think that with inappropriate expenses, can you advise me if it is ok? I went today to collect the deed and pay and I have just seen that they have given me the invoice dated 07/19/2016 and Today is 07/26/2016 and I only have 15 days to claim. The breakdown of the invoice (€152.46, higher than that of the notary) is as follows:
    – 1 Presentation Seat = 12.020000 + VAT
    – 1 Submission Seat Modification = 6.010121 + VAT
    – 2 Simple Note = 6.010122 + VAT
    – 2 Condition Notes = 6.010122 + VAT
    – 2 CRUs = 18.030364
    – 1 Mortgage Cancellation = 30.845298 + VAT
    – 1 Mortgage Cancellation = 29.038773 + VAT
    – 6 Expired Notes = 18.030366 + VAT
    I cancel the bank mortgage on a cabin below deck and on a mixed element made up of a garage and storage room, both properties acquired together with another (regular residence) in the same deed and there are a total of 3 registered properties (house, cabin and garage-storage room)
    I don't understand what that Modification of presentation entry is, the 2 condition notes that refer to the tax exemption from cancellation and says that they can review it, 2 CRU (if they have already collected 2 simple notes, which they charge me from 2 CRU?), 6 Expired Notes (if there is something expired, I should not be charged anything, I just want to cancel my bank debt and be charged for it).
    I need help now to appeal if appropriate, about what concepts and how to make the appeal.
    Thank you!

    1. I think that in some respects you are right, especially the cancellation of notes of fiscal condition, which are charged last. You raise the appeal with all your complaints, because there is no order on costs, or anything like that. The most that can happen to him is that they do not give him reason, but as I have said, there are aspects that he does have.

      1. Good afternoon Louis,
        On Friday 07/29/2016 I presented the bill of claim in the Property Registry and today they called me saying that they have passed it to the customer service department and they have told me that the person who takes it is on vacation and which then does not count the term until I return in September. Is this correct? If the person responsible for answering is on vacation, someone else will have to do it, since the Registry is open in August. In fact, I only had 15 days to claim, they gave me the invoice on 08/26 but dated 08/19 and without any other supporting document, so I had to do the writing at full speed and now they come with those? I would like to know what term the Registry has to respond to my letter, if August is a non-business day, and if it is not and they do not respond to me within the corresponding term, I can claim elsewhere. Thank you.

  66. Hello, my question is the following, my family is going to sell a home, that home has a mortgage loan, when going to the notary to sign the sale of the home does someone from the bank have to be present to cancel the sale? mortgage?

    1. It may depend on the practice of each locality. Many times there is no one. Discuss it with the Notary, and above all, who is not a notary chosen by the Bank. It will be your greatest security.

  67. Good afternoon, I intend to cancel the mortgage on my home by registration, since it has already been paid at the bank and I will take the necessary steps myself, but I have several doubts.
    * Is it absolutely necessary to have registered the cancellation of the mortgage in the Property Registry to sell the house?
    * The amount of the mortgage was 86,500eur and according to what I have been able to calculate with tariffs and information from RD 18/2012, a reduction of 70% would have to be applied to that figure, with which the expenses would be calculated on 25,950,-eur. It's right ?
    *If it is not correct, what would be the calculation? Since I understand that the notary fees are the same for the entire Spanish territory. I also know that the minimum to pay is 90eur.
    *The mortgage deed was made with the purchase of the home and garage. In that deed it is expressly indicated that the seller had collected the garage and part of the house. Thus the mortgage, 86500, corresponds only to part of the house. Is it necessary to present a simple note of both properties at the Notary?
    * Would it be enough to present the original deed to the Notary so that they can prepare the mortgage cancellation deed? Or is it necessary to attach a simple note of the registry and a photocopy of the deed?
    * The certificate I have from the bank is from an entity that no longer exists. The entity that has absorbed or bought the old entity tells me that they have to do it with an agency (proxies) since the bank manager does not go to the notary to sign and that has a cost. Do I have to pay that expense?
    * The new entity has indicated to me that it will issue a new cancellation certificate to attach to the old one that I have so that its Management (proxies who are going to sign) can send them to the Notary. That does not influence me as long as it does not involve a cost. But I have doubts about why an agent (agency) of the bank to which I have to pay intervenes. What can I do about it ?
    I appreciate the answer in advance. Kind regards

    1. There are many questions, and some do not have an exact answer, but it may depend on the practices of each place, and it is risky to answer without seeing any document. I could comment on what I would do, but nothing more. Call by phone, if you want more clarifications.

  68. Good afternoon. I am going to cancel my mortgage, I have the mortgage cancellation from the bank and now it is time to go to the notary. Are the notary fees based on the amount of the loan or the cadastral value of the home? I am commenting on the cadastral lowering that they have made to us in the houses of some neighborhoods of Madrid. THANK YOU!

  69. Good afternoon. For the notarial cancellation, I provided the notary with the zero balance/debt certificate along with a simple note recently drawn and paid by me, but now in the Registry minute they tell me that I am the one who has to pay for 2 simple notes that they had requested by that same notary, on different days, along with those supplied by the corresponding fax addressed to the notary. Do I have to pay to the Registry something that -in duplicate- the notary requested from the Registry, despite the fact that I myself paid and delivered to said notary a recently issued simple note? What I can do? The notary fee is fine, but the Registry requires me to pay the 2 simple informative notes along with a supplement of 3 euros for each fax that they sent to the notary. Thank you very much in advance for your time and your response.

  70. Good afternoon. Two years ago I have the 0 debt certificate issued by the entity (La Caixa) and since this time I have been trying to get them to sign at the notary that I have chosen. The director of the office Maria Jesus Cruz Mendoza (office 2029) to whom I already expressed my intention to do the management myself, has been stalling and answering evasively like I don't know what document is missing...
    In the end, I ended up finding out that the Moner Consulting agency of la caixa is not going to send any proxy because they already signed the deed with another notary and they tell me (which I consider a threat) that if I accept their management costs they will never sign .

    The question is as follows... can I send a document, either certified or signed electronically, to record my intention to manage the lifting of the load?
    or given the point of threats I should choose to report the facts at the nearest police station...

    Thank you so much

    1. My advice is to make a claim to the "La Caixa" customer ombudsman office, better if you have written proof of any of the things you have been told. Then file a complaint with the claims service of the Bank of Spain, also bring the case to the attention of the Notarial Association (where I already anticipate that they will not listen to you), but as you can imagine for certain practices to take place, a lot of collusion is necessary , and also inform any office for the defense of consumers and users. The road would be long, but you end up winning, and little by little, together, we will be able to put an end to certain "practices."

  71. Good afternoon, I would like to clarify a doubt:
    If I change my bank mortgage, is the mortgage I contract with the new bank for the total value of the property that was mortgaged, or only for the amount that remains to be paid? I ask this because when it comes to adding expenses in the constitution of the "new mortgage" it changes a lot.
    I mean: if I have 480,000 left to pay but the initial mortgage was 600,000, the mortgage is constituted for 600,000. I come to say it because notary, registry, ITAJD... will be in accordance with the value that you put in the mortgage.
    And out of curiosity, how do the banks do it among themselves in these cases?
    Thank you.

    1. I don't know what you mean by changing your mortgage. If you make a new one, it will be for the full amount, which will be used to pay the outstanding amount of the previous one and the expenses of the new one.

      If the subrogation procedure is used, the mortgage subsists, so there will be no taxes and notary and registry expenses will be lower.

  72. Good night,
    I want to buy an apartment that has a mortgage already paid but in the absence of cancellation, it is with Banco Zaragozano, the owner has now gone to La Caixa to request the cancellation of the mortgage and they tell her that nothing is pending, they do not have anything in the history of that person. What I can do?
    Thank you so much.

    1. Is the mortgage very old? If 20 years have elapsed since the maturity of the loan, it can be canceled without a deed. In any case, if La Caixa is the successor to Banco Zaragozao, you should find the documentation.

      1. The agency that handles my case of an inheritance that was mortgaged and then they say that nothing was owed anymore, only the cancellation of the mortgage and I called the ICU where it was that I had to pay and they did not want to give me information saying that they already spoke with my manager And I talked to her and in July I paid the agency the 1,300 and to this day they tell me that the mortgage cancellation papers are not there. So I can pay the treasury for property taxes.

  73. Hello, I have finalized the mortgage that I had with ing direct, I requested a zero debt certificate, which I already have, I have gone to the notary of my town with said document and made the arrangements to cancel the mortgage, and they informed me in said The notary does not have information on ing direct's attorneys, so they inform me that I have to contact said bank and that they provide the information of which attorney is going to carry out said process at their notary, and I understand that the agency is what They have an obligation to contact the attorneys. Thank you.

  74. Hello Luis,
    I have a question regarding the deadlines that this whole issue of mortgage lifting represents.
    At the end of 2016, if all goes well, we will pay the last installments of the mortgage. We want to do the mortgage lifting in the month of February. Because? We are residents abroad and in that month we can spend 2 working days in Barcelona. (Not before). The idea is to request the zero debt certificate, and go to the Notary to carry out the process. My question is: can we go after this visit to the Notary, the same day, directly to the Treasury to fill out the 600 model, and with that leave everything closed? Is this management automatic? I've been reading the steps you describe and the comments and someone commented that it took 15 days to get everything.
    Thank you

    1. Hello again, I am thinking that being non-residents, we have the obligation to pay taxes in the country of residence; but perhaps this specific issue (mortgage lifting) has to be presented in Barcelona...
      It would be a great help if you could answer this as well.



  75. Hello
    I have sold an apartment with a garage and I have proceeded to cancel the mortgage.
    Once the two mortgage cancellation deeds have been presented, the Property Registry has sent me the minutes of said cancellation:
    Amount of €175.73 for the cancellation of the garage mortgage that I signed at the time, which amounted to €5,250.
    Amount of €324.96 for the cancellation of the home mortgage that was €63,405.
    I have already paid the relevant commission and the fees to the Notary to the bank. According to what I have seen on the internet, the bill that they have passed me seems excessive. I haven't paid it yet. Would this price be within normality or is it excessive? What could I do in this case?

  76. Good evening Luis, thank you very much for the information you make available to us.
    I am in the middle of buying my first home, which has a mortgage from the promoter. The real estate agency that belongs to the bank with which the developer has the loan and that manages the sale, has just informed me that the cost of canceling said mortgage corresponds to me as a buyer and not to the developer. Can they demand that payment from me?
    Greetings and thank you very much for your answer.

  77. Good afternoon Luis, I would appreciate it if you could inform me about the cancellation of the mortgage, specifically with the Caixa, on October 1, 2016 I finished paying the mortgage and the same day I requested the zero debt certificate, first of all they told me that for the certificate I had to pay 35eros + VAT, which we did not agree to pay, after informing ourselves about the issue, we returned to the bank two days later and told them that we should not pay for the certificate, and they agreed to give us the certificate for free but they told me that the certificate they gave me was not valid before, because it does not have the registration number of the farm. And even so, I accepted the certificate
    and I went before the notary and he said that the certificate they gave me was worth it, so I started the corresponding process.
    After 3 weeks they call me from the notary to inform me that the bank refuses to sign the cancellation of the mortgage and that that is what their agency takes care of and for that they ask me for the simple note, supposedly to give order to their manager, but I asked if That would cost me money but the bank does not know, my question is if in the end they charge me for the mere fact of going to sign the cancellation, before the notary of my choice. What should I do?

  78. Good morning,
    I would like to ask you about a subject on which I cannot find enough information. In recent years there must have been changes in reference to the procedures that notaries can carry out, possibly related to the introduction of electronic administrative procedures.
    I understand that notaries can now settle taxes on behalf of the interested party, and present the deeds in the registry, without the intermediation of an agency. Is it so? And if that is the case, are the prices that each notary applies for these non-tariff procedures regulated?
    On the other hand, I wanted to consult him. Can the notary fill in the forms to be presented at the settlement office without the express request of the interested party? I'm not saying submit it, just fill it in. Is there any extension of the notary's powers that includes this practice? Where is it posted?

  79. Hello good morning,

    I wanted to confirm if my calculations of the expenses that I will have with the sale of my apartment are more or less correct.
    I bought my home in 2003 for 145,000 euros, and I want to sell it now, with a mortgage of 94,000 euros remaining to be paid.
    1-. Cancellation fees (my bank charges me the 1%), about 940 euros.
    2-. The notary, about 200 euros.
    3-. The registration, about 250 euros.
    4-. The agency, about 300 euros (although I can manage it myself and that's what I save).
    5-. The municipal capital gain (it would only be this capital gain, since sadly I will sell the apartment below the price of my purchase), which I know depends on the municipalities, but from what I have been able to see in my case it should be around 3500 euros.
    Is it more or less correct? Am I missing any tax or expense that I don't know about?

    Thank you very much and greetings.

  80. I want to buy an apartment and on it there is the current mortgage and two previous ones, of which the owners process the zero certificate. On the contrary, the owners do not want to process the cancellation in the registry, they say that it can be done 60 days after the purchase, sell, because now it costs them too much money. They say that the zero certificate is enough, together with the cancellation on the day of the sale of the current mortgage.

    It's right? Should I cancel the mortgages in the registry within a period of 15 days, and what is the price?
    Thank you so much

  81. I want to cancel a mortgage on a home in Huesca. The mortgage was made with Banesto, at a branch in that city. I already have the zero debt certificate in my possession. My question is if I have to go to a notary in Huesca or it could be from Madrid, the city where I live.
    Thank you so much

  82. Good afternoon,
    I already have the mortgage cancellation deed that the notary has provided me. Could I leave the tax and registration process for later (a few years) or are there deadlines to meet?

    All the best

    1. It only has a term for the treasury, which is thirty days. Sometimes, even if it is an exempt settlement, they can charge a penalty for failure to file on time. You can do the registration whenever you want.

  83. Good night. I have read many of the questions and answers, but I still have a small doubt. For a mortgage of €63,000, the notary I chose charged me around €150-160 (I don't remember exactly). It was a little higher than it should be, but I think that the "fight" for €20/30 and the consequent loss of time would not have been worth it.
    The big annoyance came this morning when they called me from the Registry and they told me that the amount amounts to approximately €330, when I have read in other comments that the Registry is usually a little cheaper. I know that to claim I have to go to the College of Notaries and Registrars, but I don't know if I have to have the invoice paid in advance. On the other hand, would there be any possibility that they would let me take a photo of said invoice without paying the amount? I have the feeling that once said invoice is paid, it will cost me more to recover said money, which I think corresponds to me with a lot of difference.
    Thanks for the attention.

  84. Good night,
    We sold the apartment in June 2016. With the money from the sale, we paid off the mortgage at the bank.
    And our question is:
    Are we required to cancel the mortgage in the registry?

      1. Good morning

        It is that the real estate company does not stop calling us and pressuring us to do it, it tells us that we are obliged and we no longer know what to do

  85. Who pays the notary in a mortgage cancellation? I understand that if the constitution of a mortgage must be paid by the entity that lends, at the same time the cancellation of the same must also be assumed by the entity that lends.

  86. Good morning, I finished paying my mortgage on January 3, 2017, on January 5 they gave me the zero debt certificate that I took to the notary that same day, as of today the bank refuses to send any proxy to the notary to sign the cancellation of the mortgage. What can I do, how can I process the cancellation.

  87. Mr. Prados, I would like to write a deed for the cancellation of the 1995 mortgage, the capital was 5.5 million pesetas (€33,000), and it has been repaid early for years. I have gone to request the certificate of debt 0 and they also ask me for a simple note, for what? At the notary they asked me for another one and they told me that it would cost me over 200 euros, seeing what they charge some for a higher capital, it seems a bit expensive, right?
    Can I go to a notary office other than where the office that gave me the loan is located?
    Thank you so much.

  88. Carlos de la Huerga

    Good afternoon, I have to raise a mortgage. The loan has already been paid off a long time ago (about 5 years). From what I am reading, it is said that the liquidation of Documented Legal Acts must be presented to the Ministry of Finance of the corresponding Autonomous Community. I note that it is said that this operation is subject but exempt from payment.
    Entering the website of the Valencian Community, or I am wrong, or it seems to me that a rate of 1.5% is indicated.
    Can you clarify it for me?
    Thank you so much.

  89. Good afternoon,
    My query is regarding a mortgage cancellation to make a remortgage in another bank.
    In other words, change the conditions of the mortgage, the new bank processes the notary registration of the appraisal but I need information to process the cancellation from the old bank.
    The old bank asks me for the 1% for the cancellation and then I suppose I have to process the papers and I don't know how to do it and what I have to do so that they don't fool me with unnecessary payments and do it myself.
    Do you know how much I had to pay more or less?

    Thank you so much

  90. Good night,

    First of all thank you for your time and the inconvenience that I may cause you, I have been reading most of the clarifications but I cannot find a resolution to my doubt.

    My case is like that of the vast majority, I want to notarize the cancellation of my already paid mortgage and the information they provide me does not help me. I have obtained the zero balance certificate and the simple note from the registry, but each notary that I ask asks me for different papers, and they give me a different budget or even provision.
    But the last thing that a couple of notaries have told me is that I have to go to the Bank and request through an instance that they sign the cancellation of the "out of circuit" mortgage. I don't know what it is, nor do I know why I have to request it myself, and what's worse, I don't know how much it costs either because they are all evasive.

    Again, thanks for any clarification on this.

    1. Who has to sign the cancellation is the Bank. The prices of the deed are the same for all notaries. What may vary is the cost of managing the document, but it is not a mandatory cost, since the procedures after writing can be done by you. The most important thing is that it leaves the circuits of the banks for cancellations, which only hide the collection of commissions.

  91. Hello.
    I have a question about how to declare the sale of a habitual residence in the 2016 income statement.
    I sold the house that was my habitual residence and I paid the mortgage last year, in the tax data it appears as if I had amortized the entire loan to deduct taxes but of course I did pay 6 installments... the rest was from the sale of the apartment and not I think I would have to deduct as a payment for habitual residence.
    How should I fill out the declaration? Just enter the installments and interest before canceling the mortgage? Or do I have to put everything?

  92. I am selling my home, and the buyer is going to pay me directly, he is not going to make a mortgage. It requires me that the bank's agent go to the act of sale at the Notary, but the bank tells me that no one goes, is it mandatory for a bank agent to go? I know that there is the option of an OMF transfer through the BDE, but the bank tells me that no one is going and that a proxy must go, what options are there? Can the bank be forced to have a proxy?

      1. I am in the same situation but I am the buyer.

        The notary officer with whom I deal tells me that they normally work with an OMF transfer, to be done prior to signing the deeds and justifying documents at the notary's office. It seems to me that I run a risk if the seller does not sign later or even if he signs and does not use those funds to pay off the mortgage (I thought that this was not possible with OMF transfers but the seller's telephone manager tells me that this is must be made to the seller's account and the seller must request his application to cancel the loan). I suggest taking care of the cancellation of the debt after the signing. I understand that the deeds may somehow reflect this operation, which in my opinion is more in line with what is stipulated in the deposit, where we agreed that I will "withhold" the funds from the sale price to pay off the mortgage. The officer tells me that the notary will not sign without proof of the transfer.

        When I suggest a check alternative (my preferred option), he vaguely replies that they don't usually work with checks for that purpose. And when I suggest that the notary keep the funds for the cancellation, he answers me strictly that they do not offer that possibility.

        I would like to clarify all these issues with the notary directly, but I do not know if I have the right to request it and I do not want to abuse his time, which I understand will be scarce and valuable (like that of the author of this blog, which I thank in advance).

        Is the notary obliged to advise me personally days before the signing? Can he refuse to carry out the operation in the terms I request?

        1. Obviously, the NOTary must advise and if he does not advise you, my advice is to go to another Notary. But what you are proposing is an agreement between the parties, which the Notary may propose, but never impose, since the Notary is not a lawyer for any of the parties and only in case of obvious damage is when he should deny the authorization of the document. Keeping the check to cancel (very frequent in Lleida) is not an obligation either. And even when the Notary pays the mortgage, it is sometimes very difficult to obtain the deed of payment letter, due to the practice, which I would describe as mafioso, of centralizing mortgage cancellations, made up of the triad financial institution-authorized agency-notary of the Bank, which hides a huge set of commissions.

          Unfortunately, consumer associations do not interfere with these practices, which entail enormous costs.

  93. Hello,
    I want to buy a home, on which a mortgage from an individual (not from a bank) is recorded. For my part, I have applied for a mortgage from ING to be able to pay for the house, but ING tells us that they cannot make a check in the name of the mortgagee to cancel the previous mortgage, and that it must be the current owner who in the At the time of signing, contribute the necessary money to pay off the old mortgage. In addition, the bank check that the bank would provide does not allow it to be endorsed. It seems a bit incongruous to me, since it is normal for the owner to use the money from the sale of the house to pay off the previous mortgage.
    Is what the bank asks me correct?

    1. They are questions, not legal, but practical. If there is a previous mortgage, it is normal that the outstanding amount is not delivered to the seller, but directly to the creditor bank. In Lleida, which is where I work, normally that check to pay the outstanding mortgage (registered in favor of the creditor entity) remains in the possession of the Notary, who is in charge of depositing it, and normally obtains the deed of cancellation.

      There are no problems.

  94. Hello, I have just canceled the mortgage since I am going to sell the apartment. My question is the following, the house is located in an Autonomous Community in which I do not reside or pay taxes, so in which tax agency would I have to submit the 600 model for its subsequent registration? Thanks, I'm a bit lost.

    1. In the place (autonomous community) where the cancellation must be registered. Currently from any notary you can settle the taxes of any autonomous community. Request it from the Notary, and it will be the most comfortable.

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  96. Good morning, I am going to sell my apartment that has a mortgage soon (the initial one was 189,000 euros) and the manager of the bank of the buying party (ing) wants to charge me for provision of funds for the cancellation of the mortgage 1,760 euros, a figure that I It looks like an armed robbery and they haven't even bothered to break down the amounts by concept.
    I will be able to carry out the procedures in the treasury and registry myself so that at least the amount is not so high.
    Thank you very much and congratulations for the blog.

  97. Good afternoon,
    I would like to know if the bank of the future buyers of our apartment, through its agency, can impose that it be the same and a notary of your choice for the mortgage cancellation process once the purchase-sale is signed.
    If this bank did not want to negotiate another formula with us (we want to do it on our own) and ultimately refused to carry out the operation, what would happen to the penitential money they gave us? We do not refuse to sign, but we do refuse to be deceived. They intend to retain more than 1600 euros in provision of funds for that cancellation.

    Thank you

    1. The choice of notary in the cases of sale and mortgage corresponds to the buyers, and my advice is that they make this choice and not delegate it to the bank, but if you are the sellers, you have little to say. Regarding your cancellation, if you need the sellers' money to pay your mortgage, it is normal that whoever is in charge of processing the sale is also in charge of canceling the previous mortgage. Of course, what they cannot impose on them is agency fees (which is the bank itself). The provision that they make is somewhat high, but the essential thing is that they give you timely justification of all the expenses, through the notary and registry invoices, and that they give you the surplus.

  98. Good afternoon! Let's see if you can please guide me in my doubts to know what steps to follow. My query is as follows, my ex-partner and I bought a house, my parents' house was mortgaged as collateral, I separated from him (we get along well today) and I made the mistake of leaving the house and not the loan (which means the house is no longer in my name but I still appear on the loan). The only thing I currently want is to lift the mortgage that serves as guarantee for my parents so that they and I can stay calm because you never know what can happen. And my question is, can I do it, what steps to take, and would it cost me a lot of money to do it? Thank you very much and greetings!!

    1. From the information you give me, I intuit that the house is in the name of your ex-husband. The release of your parents' house depends on the consent of the creditor bank, which will do so based on the amount that remains to be paid, but you cannot demand it until the loan is paid.

      Greetings and thanks for following

  99. Good afternoon,

    I would like to know the approximate time to cancel the mortgage because I don't know if it will give me time to sign the sale of the apartment before the mortgage is cancelled.
    Let me explain: at the end of this month I cancel the mortgage, and at the end of October I sell the apartment. The bank has told me that it takes about three months, so it won't give me time to cancel it myself. Once I have the document from the bank in which it indicates a balance of €0, how long can it take me to complete the procedures?
    thank you.

  100. Jose Jimenez Alvarez

    Good afternoon
    I am going to sell an apartment inherited from my parents and in the property registry there is a mortgage from the first owner with the BCC of 443.01 Euros for 3 years, from 16051974. The apartment has later had two owners and both deeds state that the mortgage is settled.
    The person who sells me the apartment pays it in cash, but he wants the charge not to appear in the registry.
    I think that mortgages expire after 20 years and the registry has to take care that it does not appear, or do I have to request a zero balance certificate and make deeds
    All the best.

    1. If you request a certification from the registry, the mortgage will be cancelled, or you can also request the cancellation in the deed of sale itself. In any case, without seeing how the mortgage is registered, it forces me to be very cautious with my opinion. If you want, send us a note of the registry and we will inform you more extensively.

  101. Rosa Maria Hernandez Ferri

    I want to raise a mortgage on a loan that ended in 2016. The amount of it was €30,000. Can you tell me what amount I would have to pay for said cancellation based on the amount of the mortgage loan. Thank you so much.

  102. Good morning, I understand that the 20 years count from the mortgage payment, that is, a 5-year mortgage from 1995, is it from 2020 when the cancellation is free?

  103. Good morning, at the beginning of next year we are going to sell an apartment on which we have a current mortgage of 20,000 euros. My question is the following: what would entail less expenses, canceling that mortgage now or doing it at the time of the sale? Thank you so much

  104. Good morning, I just read the entire article (comments included and I found it very useful) We have just signed a deposit contract for the purchase of a home in which the seller owes more than what we are going to pay for the apartment and we They have commented on the possibility of subrogating us to the amount that we want (the rest is amortized) with a mortgage novation. Initially, we save €2,500 in taxes, but when I read your article, I don't know if it will be very interesting in the long run, because if I haven't I misunderstood in the future if I want to cancel the mortgage I will have to pay €230,000 that the seller requested instead of half, which is what I am going to subrogate to. In my case, being subrogation with novation, do I understand that it would be the same even if it is stated in deeds, right? Since the former owner is not going to pay for that cancellation. Would the cancellation costs of the initial loan be too high for mine or would it still be interesting for me because of the initial savings? Thanks in advance.

    1. I think you should not worry too much about the issue of cancellation fees. The amount of the loan, in the amounts that you indicate, does not make them vary much.
      In any case, when you make the novation, you can request that the bank make a partial cancellation of the mortgage, which the seller would pay, and when you cancel, you will do so for the part that they have effectively left you.

      1. Thanks for your reply. I understand that if the difference is not much, surrogacy with novation is still interesting. What I don't understand is that when the sellers cancel the partial mortgage, they only have to pay the cancellation in registration of that amount, in my opinion it would be fair for me but as I read in previous comments the cancellation of the registration is for the initial total of that mortgage, I want to understand why the sellers don't do it now for the part that corresponds to them, could they then cancel that part in the registry? Or does it count as a new mortgage when making a novation? I'm confused with that part. Sorry for the inconvenience.

  105. Good morning, I have just canceled a mortgage at Banco Santander and I have requested the 0 debt certificate and they have given it to me but they have told me that what I have to do is first request a simple note, then deliver it to the bank so that they can confirm and designate proxies and that later is when I have to go to the notary. Is this correct? I had understood that by going to the notary, he would already take care of all the procedures, including the management with the bank

    1. You do not have to go to the Notary, except to look for the copy. What the Notary is responsible for, may depend on each one of them, and also on the bank office. But in principle there should be no problem for it to be signed wherever you want.

  106. Good morning,
    I have read all the article and comments and I think it will help me a lot.
    My mortgage is signed in an office that is 15km away. Where I live from and this is where I will go to the notary. How can I force the agent to come and sign? and can you charge me for it?
    I have rarely returned to that office since the director who did the procedures for me retired 8 years ago and the times I have returned have been due to collection problems that have been made in my account, these being incorrect, so I fear a difficult negotiation .
    Can I request the Zero Balance Certificate at the time I request it? or can they make me go another day?

  107. Hello good
    My question is the following: in the first week of next year I will proceed to sell an apartment (I have already signed the deposit), in which there is a mortgage. Right now I have 25,000 eur left to pay. As the sale is next year, I am considering leaving a small amount pending (up to 9,000 eur) to be able to deduct one more year from the income statement. I will liquidate the rest this year since I have the money.
    Is the cancellation of the mortgage and registration done at the same time of the purchase/sale? How is it done so that the buyer buys the apartment without charges? What steps do I have to do? Does the notary take care of everything? thank you

    1. the cancellation has to be signed by the bank. Whether or not the Notary is in charge of making the deed of sale depends a bit on the practice of each place, because as you can imagine, Madrid or Barcelona is not the same as a small town. If you have not canceled the mortgage (in writing) at the time you make the sale, it is most likely that the bank or the buyers themselves will retain some amount to cover those expenses, which are yours (the seller).

  108. Hello!

    I am buying a flat with a mortgage of 23,000 euros, paid in 2000 but not cancelled.
    The seller is going to cancel the mortgage through the notary where we are going to deed the apartment.
    How long would the entire procedure take and when can we notarize? Once she asks the notary or when it's already done and gone through the property registry?

    How long are we talking?

    Thank you very much in advance

    1. The most normal thing is to ask the Notary. But you must take into account that if you buy, it is you who must choose the Notary. Your choice is the guarantee that everything is done in the most correct and efficient way.

  109. Hello,
    I have finished paying my mortgage to the bank, and it has granted a deed before a notary.
    I understand that the Notary should not charge more than €90 + VAT + matrix, etc.
    But the bill puts almost double in rights, using the amount of the mortgage
    original (approx. €180,000), RDL 18/2012 ~ 165..

    The SAU of Madrid does not seem to agree with €90 either.

  110. Dear Mr Prados,
    In December I will pay my last mortgage payment and I am doing research to save as much money as possible.
    Many times I have found the 5 steps to pay off the mortgage myself. However, I have also found the possibility of "avoiding inconveniences" by not paying the last installment directly at the branch, but by making a notarial deed offering payment and consignment before a Notary, indicating to the Notary to deposit the money in the account in which charge the mortgage, and require the bank to accept the payment and cancel the mortgage. It also specifies that it must be done on the same day of cancellation, neither before nor after.
    Could you explain to us what are the advantages of doing this? Thanks in advance and regards

    1. Drop that system. pay your last installment in the normal way. Ask the Bank to write the letter of payment and that you be the one who will be in charge of the subsequent procedures. What makes these operations more expensive are the possible intermediaries, who sometimes try to impose the banks.

  111. Good morning, next week we will sign the sale of the flat and the cancellation of the mortgage, through the buyers' bank, and at the expense of providing funds, I would like to know if the cancellation expenses are in proportion to the amount of the initial loan that I request in 2007 or what I currently have left. I ask this because I could amortize a lot before executing the cancellation if it would make me lower the costs.
    Thank you!

  112. Dear Mr Prados,
    I recently signed the sale of my home and I have already canceled the mortgage before a Notary. He has told me that the next step is to cancel it in the property registry. Could you tell me what documentation I must provide and more or less the amount that they can charge me?
    Thank you so much.

    1. I'm surprised they didn't tell you. You must present the model 600 in the Autonomous Community where the property is located, although with a fee of 0 euros, and then take the deed to the registry. Regarding the cost of registration, it is best to ask directly there.

  113. Dear Mr. Prados,

    Thanks for your blog. We have a doubt.
    We have sold our house and we must deliver it on February 28 with a maximum limit. We did not cancel the registration of the mortgage loan that was settled in 2013. The agency of our buyers' bank (BBVA) requests €1,400 to provide funds. If we do it on our own it will be €500 approx. Can they force us to do it with them? If we refuse, will our buyers not get the loan? Thank you very much for your help.

  114. Reading your answers, it strikes me that in a certain way I see it as normal for a bank to impose on the seller that the registration cancellation procedures be carried out by the bank's own agency. Are we really so bad legally that this is so? It is worth retaining an amount to make sure that, if the seller does not do it, the bank that grants the mortgage to the buyer has the funds to do it, but from there to imposing that they do the management seems tremendous to me. On this issue of mortgage cancellations there is a lot of legal uncertainty and consumers (also the buyer) are very helpless. Regrettable.

  115. Dear Mr. Meadows
    We want to cancel a mortgage loan and lift the deeds and the financial entity tells us that between the cancellation of the mortgage and the lifting of the deeds they give themselves a period of at least 58 days, without giving us any specific date. I thought they were procedures that followed more time. Is that term normal? Is there a legal deadline or can I demand that they give me a specific date? We are pending this process to make a purchase and a sale.
    Thank you so much.

    1. Unfortunately, cancellations matter very little to banks, because it is no longer their business. A cancellation with the will to do so does not take more than 24 hours to be done. The only problem is that it is the bank that has to sign, and there are few ways, apart from your insistence, for them to hurry up.

  116. Dear Mr. Prados,
    I have just been handed the mortgage cancellation deed (loan amount: €111,187.24) and the notary bill rises to €259.29.
    The invoice includes the following points:
    Mortgage payment and cancellation letter (tariff 2) 1 unit: 156.05 + VAT
    Authorized copy (tariff 4) 1 unit: €21.04+VAT
    Simple copy (tariff 4) 3 units (they only gave me one): €12.62+VAT
    Testimony for exhibition (tariff 5) 1 unit: 12.02 + VAT
    Informative note – 1 unit: €12.02 VAT exempt
    Simple copy paper: €0.63 not subject to VAT
    Stamped paper: copies: €1.05 not subject to VAT
    Matrix stamped paper: €1.35 not subject to VAT
    Security seal: €0.15 not subject to VAT

    When reading in your article "Approximately and for loans of an amount of 120,000 euros, the Notary cost can be over 120 euros and a slightly lesser amount for the Registry," I deduce that the invoice has been inflated. What do you think?

    1. The article does not include the latest reform in terms of cancellations, it was treated as documents without value. If you have any doubts, the way is to appeal the invoice, but it is not up to me to comment on the work of others.

      1. Good afternoon, Mr. Prados.
        First of all, thank you and recognize the work you offer on this website.
        In the comments you comment a couple of times on the concept of "document without amount" to calculate the notarial fee for a mortgage cancellation deed, but it is not completely clear to me if at the present time (March 2019), said type of deed is or is not a "document without value".
        I have consulted the BOE and found RD1426/1989 "by which the Notary Fees are approved", last updated on 17 Nov 2011. In annex I, number 1 (documents without value), section f, it says that "for cancellation deeds €30.05 will be received, without accruing any amount from the 5th folio of matrix and copy".

        My question is:
        1-Is this RD the current one to know the notarial fee?
        2-A deed of cancellation after liquidating all the debt with the bank (zero debt), is it therefore a document without value?

        Thank you very much in advance for your answer.

        1. I speak from memory, but that's more or less. In cancellations, the tariff of number II is applied on the principal of the loan and with a reduction of 52,50%. To these quantities must be added copies and supplies.

  117. Dear Mr. Prados,

    In November 2016 I sold a house and in the same act of sale the mortgage cancellation was also carried out before a notary, and it is the agency that took a provision of funds of about €850. This has been over a year and a half and I have received no news. At first they told me that it would take about 8-10 months and that it could even take 12 months. I also try to contact them by phone and email, I can't locate the person who takes it or they give me long, they never specify. Is this normal? What take so long? What could I do? Is there a way to claim them? Thanks and best regards

    1. It's really not normal. The process should not last more than a month and in fact we do it in about eight days. What you should do is complain. Mme I imagine that he will have some kind of receipt or some justification for the money withheld and who gave it to him, and it is he who should be claimed.

      All the best

  118. Mr. Meadows,
    I am going to buy a house with savings without the need for a mortgage, but the house in question has a previous mortgage of 93,000 euros as a charge. The buyer is going to pay this mortgage with the money from the sale (I will pay with two bank checks, one for the mortgage bank and another for the seller with the difference).
    As for my part there will be no bank or agency, I intend to provision 1200 euros against the final amount and let the buyer take care of the cancellation on their own, which will be cheaper than going to their bank's agency.
    As it is foreseeable that they will put up with you and give you long, the process can be delayed.
    And here comes my question:
    Can I have problems when registering the deed of sale before that previous mortgage is canceled in the registry?
    I understand that no and that they are two different things, but I ask just in case.
    Thank you.

    1. It is difficult for me to give an opinion without a professional assignment. But the important thing is that everything is well recorded in the deed and in principle it seems reasonable to me that the buyer be in charge of paying off the mortgage. On the other hand, the registration of your purchase is independent of the cancellation.

  119. Good morning
    I have sold my apartment and I have 100,000 euros of mortgage left. I have signed (the mortgage is from 2003) an 1% commission for partial / total cancellation of the mortgage. From what I have understood, with the new Mortgage Law, this commission, if the mortgage is more than 5 years old, cannot be higher than 0.15%, and that is one of the few retroactive points of it.

    Is it correct?, since if so I will have to claim the bank.

    thanks and regards

  120. Kirsten Larsen Johansen

    Good morning.
    I have finished paying my mortgage, I already have the deed of cancellation and I finally wanted to register it in the Property Registry, but the budget they gave me has left me with some doubts, especially this one:
    Is it correct to record two cancellations – one for the house and the other for the garage space – when the two properties are purchased and registered as “ob rem”? The house is a semi-detached duplex, and the garage space is in the community garage, which in turn is in a separate building.
    Thank you very much in advance.

  121. Good afternoon, I have an apartment that I paid without a mortgage in 2001, in the deed it says that it has a mortgage in favor of Caixa Cataluña but that it is administratively settled pending registration, which the promoter will take care of as soon as possible. The promoter went extinct 3 or 4 months later.
    Now I want to sell it and I find myself with the registration charge of that mortgage from the developer.
    Since that bank no longer exists, I went to BBVA with the property deed and a simple note and they have requested the certificate of debt 0, I've been waiting for 2 months and they still haven't told me anything, the director tells me that he has no way of knowing How is the issue, he only tells me that they have not sent him anything.
    How can I claim that certificate?
    The mortgage is not in my name, it belongs to the (developer) but it is on my property, can they refuse to give it to me?
    I just don't know what else to do.
    Thank you

    1. Some current bank, through the mergers, will be the owner of that loan, which will be able to certify that it is paid and grant the deed. I think that he only has to arm himself with patience, unless the mortgage was very old

  122. Where can I find out what notaries and registrars can or cannot charge me in a mortgage cancellation deed? Is there any DGRN resolution in this regard?

  123. Good morning:

    For the cancellation deed of a mortgage loan, with an initial amount of €278,000, the notary charges me €835.38. seems excessive to me. What do you think? Does it fall within the "normal"?

    thank you so much for your attention

  124. Good morning Mr. Prado,

    In mid-December 2020 I formalized the sale of my habitual residence.

    The bank of the buying party withheld about €1,300 from me for the cancellation of the registration of
    my mortgage.

    After two and a half months, the buyer's bank has not yet started the procedures for the
    registration cancellation.

    As an interested party, and obliged to cancel the registration of my mortgage, can I ask the bank of the buying party to allow me to carry out the procedures, and thus expedite them?

    Thank you very much in advance for your attention. All the best.

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