Finishing paying your mortgage does not remove it from the Land Registry (Registro de la Propiedad). We explain how to cancel it, what it costs and what to do if it has lapsed.
What cancelling a mortgage at the Land Registry means
When you pay the last instalment, the debt is extinguished (the financial cancellation, or cancelación económica), but the mortgage remains registered at the Land Registry as a charge. Removing it requires the cancellation of the mortgage at the registry (cancelación registral), which the bank does not do of its own accord.
01
How much it costs to cancel the mortgage at the Land Registry
The costs are normally paid by the owner: the notary and the registrar, under official fee scales, and the gestoría (administrative agent) if you use one. If you repay the loan early, the early repayment fee may apply. If you signed before June 2019, see whether you can claim back your mortgage costs.
02
Can a mortgage be cancelled at the Land Registry online?
Not entirely. The Land Registry extract (nota simple) is requested online and the notary usually sends the deed electronically, but the deed of cancellation has to be signed before a notary.
03
Cancelling a mortgage on a sale
If you sell with an outstanding mortgage, the usual approach is to cancel it on the very day of signing: part of the price pays off the debt, the bank signs the cancellation and the buyer receives the home free of charges. A mortgage lawyer can take care of everything.
Cancelling a mortgage because it has lapsed (caducidad)
Art. 82 of the Ley Hipotecaria (Mortgage Act) allows you to request it without the creditor once the limitation period for the mortgage action (20 years, or any shorter period agreed) plus one year has passed since the date on which, according to the Registry, the debt should have been paid, with no renewal, interruption or enforcement on record. It is requested by written application (instancia): it is not cancelled automatically.
Step by step
How to cancel a paid-off mortgage
Four steps, from the last instalment until the charge disappears from the land registry extract.
1Ask the bank for the zero-balance certificate (certificado de deuda cero), which proves that the loan has been paid in full.
2Deed of cancellation before a notary: the bank's authorised representative signs it; you do not normally have to attend.
3Filing with the tax office: exempt from stamp duty (AJD), but in many regions (autonomous communities) it still has to be filed.
4Registration at the Land Registry: the registrar cancels it and the charge disappears from the land registry extract (nota simple).
Mortgage law
Other mortgage procedures
Claims against the bank and cancelling the mortgage.
Paid off, awaiting a sale or very old: the basics are enough.
02
02A specialist
A mortgage lawyer reviews it
A bar-registered lawyer specialising in mortgage law studies your case and contacts you.
03
03No obligation
You decide how to do it
You'll know the steps, the options and the fee quote before you instruct anyone.
No-obligation enquiry
Have a mortgage to cancel?
Paid off, very old or with a bank that no longer exists: tell us about your case and an English-speaking specialist lawyer will tell you how to remove it from the Land Registry.
Enquiring is free
Your details, always confidential
No obligation to hire
Your enquiry
Under 2 min
Confidential
No obligation
Frequently asked questions
Questions about cancelling a mortgage at the Land Registry
Is it compulsory to cancel the mortgage at the Land Registry?
It is not compulsory, but it is advisable: until it is cancelled, the charge remains on the land registry extract (nota simple), and you will have to do it if you sell the home or want to mortgage it again.
Who pays for cancelling the mortgage at the Land Registry?
Normally the owner of the home, who is the one who benefits from removing the charge: notary, Land Registry and, if one is used, gestoría (administrative agent).
How long does cancellation at the Land Registry take?
It depends above all on the appointment at the notary's office and on the Land Registry, which has a general time limit of 15 working days from filing to review and register the deed.
When is a mortgage cancelled because it has lapsed?
When 20 years (the limitation period for the mortgage action) plus one have passed since, according to the Registry, the debt should have been paid, with no claim on record. It is requested from the registrar by written application.
What happens if the bank that gave me the mortgage no longer exists?
Normally another bank took it over and that is the one that must sign the cancellation. If it cannot be identified or does not sign, cancellation because the mortgage has lapsed or other legal routes will have to be considered.
What the people we put in touch with their lawyer tell us.
4.9/5
★★★★★
Average rating on Google
“★★★★★
From the very first moment they inspired a lot of confidence. They explained everything clearly and answered my questions in a friendly, professional way. Without a doubt, a very positive experience.
María G.Google
“★★★★★
Excellent treatment and impeccable service. I especially appreciate that they explained the different options available and the steps I needed to follow. Very professional and attentive.
Carlos M.Google
“★★★★★
I was looking for advice and found a team that made me feel listened to from the start. I would highlight how clearly they explain things, how approachable they are and the peace of mind they give you throughout the whole process.
María G.Google
Carlos M.Google
Laura R.Google