{"id":40062,"date":"2025-01-30T02:55:37","date_gmt":"2025-01-30T02:55:37","guid":{"rendered":"https:\/\/www.asesoriaorihuelacosta.com\/?p=40062"},"modified":"2025-02-02T20:28:39","modified_gmt":"2025-02-02T20:28:39","slug":"how-to-cancel-the-registration-of-an-old-mortgage","status":"publish","type":"post","link":"https:\/\/www.asesoriaorihuelacosta.com\/en\/how-to-cancel-the-registration-of-an-old-mortgage\/","title":{"rendered":"How to cancel the registration of an old mortgage?"},"content":{"rendered":"\t\t
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The company that you manage has a property that you are interested in selling and, when you obtain a simple note from the registry, you see that there is a very old mortgage that you did not know about. Don’t be alarmed: it is probably out of date and can be cancelled.<\/div>
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Older properties sometimes carry encumbrances that were registered at the time, when the obligation securing the property was created, and which are not currently enforceable.<\/p>

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.<\/p>

See with us how to act when it comes to a mortgage.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/section>\r\n\t\t\t\t

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Check that the mortgage is registered in the land registry.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/div>\r\n\t\t\t\t\t<\/div>\r\n\t\t\t\t<\/section>\r\n\t\t\t\t
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Date of the constitution of the mortgage<\/strong><\/h3>

Ask the land registry<\/a> for a nota simple.<\/a><\/p>

Note the date on which the mortgage was taken out and the time limit for its full payment.<\/p>

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.<\/p>

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.<\/p>

Registration of the mortgage<\/strong><\/h3>

On the other hand, check whether there is a note in the margin stating that “certification of ownership and encumbrances<\/i> ” has been issued<\/i> and on what date this was done.<\/p>

This is important because:<\/p>