Mortgage cancellation: Banco Santander can authorize the debtor to sign the deed with a zero balance certificate
25 Jul 202673 views
Who is affected:
Mortgage debtors, banks, notaries and property registrars
Summary
The DGSJFP resolves that it is valid to cancel a mortgage through an irrevocable power of attorney from the bank to the debtor, supplemented with a zero balance certificate issued by the entity. The registrar of Fuenlabrada had rejected the registration by considering that private certificate insufficient.
Detailed analysis
PRO
The Directorate General for Legal Security and Public Faith resolves the appeal filed by a notary from Fuenlabrada against the registrar's refusal to register a mortgage cancellation of Banco Santander. The mechanism used consists of an irrevocable power of attorney granted by the bank's Executive Commission in favor o…
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