Remember to Cancel all Charges when Buying a Property in Spain

A client contacted us recently for assistance with obtaining an NIE number. They had bought a property in Fuerteventura back in 2002 when it was not an obligation to possess an NIE when carrying-out this type of transaction.

I requested a simple Certificate of the property deeds from the Land Registry as this had to be attached to the NIE application and I was surprised to see that the certificate referenced an old mortgage listed on the land registry entry for my client’s property, from the time before my client bought the property.

After investigating the matter further with the Notary office in which my client signed the deeds to buy the property I was able to confirm that the deed cancelling the pre-existing mortgage charge held over the property had been signed on the same date as the purchase took place with a reference date of prior to the purchase. Nobody had collected it and nobody therefore had registered the deed of cancellation in the land registry.

I obtained an authorised copy so that I could register the deed of cancellation in the land registry and therefore regularised the land registry record and made sure that it reflected the current ownership situation.

So, in the end it was possible to resolve the matter successfully but the situation highlighted the necessity to ensure that all issued deeds are inscribed in the land registry. Otherwise you may find that potential buyers are put-off placing an offer to buy your property due to unexpected charges registered against your property appearing on the property registry as not cancelled.

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