How to cancel the registration of an old mortgage?
Patrick Gordinne Perez2025-02-02T20:28:39+00:00Older properties sometimes carry encumbrances that were registered at the time, when the obligation securing the property was created, and which are not currently enforceable.
In these cases, all that remains to be done is to carry out the final procedure for the cancellation of the charge at the registry.
See with us how to act when it comes to a mortgage.
Check that the mortgage is registered in the land registry.
Date of the constitution of the mortgage
Ask the land registry for a nota simple.
Note the date on which the mortgage was taken out and the time limit for its full payment.
For example, if the mortgage was taken out on 3 February 1980 for a term of 25 years, the mortgage expired on 3 February 2005.
Since the term has elapsed, and since you were not even aware of its existence – nothing has ever been claimed from you – it is most likely already amortised (paid in full) and all that remains is to register the cancellation.
Registration of the mortgage
On the other hand, check whether there is a note in the margin stating that “certification of ownership and encumbrances ” has been issued and on what date this was done.
This is important because:
- It means that the mortgagee has filed for foreclosure and that there may still be a risk that the mortgage will be auctioned off. In your case it is very unlikely because the court would have notified you.
- If the entry was also “historical” (enforcement was initiated, but then the default was settled and the process ended), go to the court to confirm this and ask for a decision to be issued for the record.
How to cancel the registration of the old mortgage?
The mortgage is paid off
When there are no entries other than the mortgage, this means that the mortgage has been paid off or is no longer due.
You should therefore contact the creditor (who will be recorded in the Register) and ask him/her to appear before a notary to sign a deed requesting the cancellation of the mortgage.
Attention, lately the banks take an eternity to go to the notary to sign the deed of cancellation, which can be very detrimental for the buyer.
The mortgage isencumbered
If the above is not possible because, for example, the initial creditor was a savings bank that no longer exists, you will be able to cancel the charge directly because the creditor’s time limit for claiming has expired.
The mortgage action is time-barred 20 years after the maturity of the mortgage, but can be exercised during the year following the maturity; therefore, at least 21 years must have elapsed for the mortgage to be cancelled.
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Application to the land registry office
File an application at the corresponding land registry office expressly requesting the cancellation of the mortgage due to expiry.
For this purpose:
- Most registries have application forms that you only need to fill in with the specific data. There are even some that allow you to download them online.
- If you do not use a model, indicate in the application form that you base your request on the provisions of article 82.5 of the Mortgage Law, copy the description and the number of the property and add your personal details as the applicant.
Alternative
Another option is to make a mention in the public deed when you sell the property requesting the registrar to cancel the mortgage due to expiry when registering the transfer.
However, it is possible that the buyer will require you to cancel the charge before selling (this is the most prudent thing to do); moreover, this has a cost that the buyer does not have to assume.
In a nutshell
Mortgages that have lapsed but are still registered can be cancelled due to lapsing 21 years after their expiry.
This can be done by means of a request to the Registry or a mention in the deed of transfer.

Patrick Gordinne Perez
Economist and CEO at Asesoria Orihuela Costa