What is Mortgage Cancellation

Notaría Online
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What is a mortgage cancellation ?

It is an operation that is carried out between the debtor party, which is the one that has the debt, and the creditor party, to which the debt is owed, regarding the outstanding payment. With this mortgage cancellation, as the word suggests, we manage to cancel the outstanding debt.  

Most important debt cancellations. 

  • Second Chance Law: this law allows deferring debts or their partial / total elimination. 
  • Home mortgage: the buyer assumes the debt or pays the difference at the time of purchase. 
  • A loan from a company with the bank, which is the most common debt. 
  The most common debt cancellation is the mortgage debt cancellation, in other words, the mortgage cancellation. To be able to cancel this debt, the following must be done:
  • Request from the entity with which you have the mortgage the debt certificate with the corresponding amount of the remaining debt, or otherwise, if there is no outstanding debt, request the zero balance debt certificate. This certificate request is charged by some entities for issuing it. 
  • Carry out the corresponding procedures for the mortgage cancellation. This involves notary, management, and registration fees among others that must be informed in advance. 
  • Proceed to its registration in the property registry so that it is recorded as settled that mortgage debt on the corresponding property. 
  There are certain operations that cannot be carried out if you do not cancel your debt:
  • Sale of property: the buyer will want the property they buy to be free of encumbrances and therefore the certificate is requested, so that it is canceled at the same time as the signing of the sale and purchase. It must be stated as such in the contract.
  • Refinancing of mortgage: to refinance the current mortgage loan, the mortgage must be canceled first and settled to be able to register the new one in the Property Registry. 
 

Where can the debt certificate for mortgage cancellation be requested

The debt certificate can be requested at a banking entity or through the internet if your entity operates exclusively online. If the bank has been absorbed by another banking entity, the debt certificate must be requested from the entity that acquired it. That is, if a bank merges, as happened with Banco Popular, the certificate must be requested from the "new" entity.  Once the certificate is obtained, the mortgage cancellation can proceed at the notary. For this cancellation to be valid, it must be signed by the bank's representatives where the debt is recorded.   
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