The registrar cannot require additional documents if the notary has already validated the representation in a mortgage cancellation
22 Oct 20263 views
Who is affected:
Property owners canceling mortgages, notaries, registrars and banking entities
Summary
The General Directorate resolves that the Madrid registrar exceeded its authority by denying the cancellation of a Banco Santander mortgage due to lack of documents that the notary had already verified.
Detailed analysis
PRO
The DGSJFP resolves the appeal filed by a notary against the refusal of the Property Registry of Madrid n.º 14 to register a Banco Santander mortgage cancellation. The registrar required that the zero balance certificate and a simple registry note be incorporated into the deed, considering them essential complementary …
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Resolución de 9 de julio de 2026, de la Dirección General de Seguridad Jurídica y Fe Pública, en el recurso interpuesto contra la negativa del registrador de la propiedad de Madrid n.º 14 a inscribir una escritura de cancelación de hipoteca.
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