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    lawtips
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    Spanish Homebuyers: Unveiling Hidden Mortgage Truths and Protecting Your Rights

    Madrid, Spain A recent online video by legal content creator "Lawtips" has shed light on critical aspects of mortgage agreements in Spain, urging prospective homebuyers to be fully informed before committing to a purchase. The video, which has garnered significant attention, outlines four essential legal considerations that often catch consumers unaware. According to Lawtips, a mandatory appointment with a notary must be scheduled at least 10 days before the final signing of the mortgage deed. "This period is crucial for the notary to thoroughly explain all terms and for the buyer to ask any necessary questions," the expert emphasized. This pre-signing consultation, by law, should not incur any additional charges. Furthermore, the video clarifies the often-misunderstood process of selecting a notary. "You choose the notary, not the bank, and the costs should be shared equally," Lawtips stated, addressing a common practice where banks might influence the choice of legal professionals. A significant point of contention highlighted is the nature of a mortgage as collateral. Unlike some other countries, where defaulting on a mortgage might only result in the bank repossessing the property, Spanish law dictates a broader liability. "The mortgaged house is merely a guarantee for the loan. In Spain, you are liable with all your present and future assets until the debt is settled," Lawtips explained. This also extends to guarantors, who are similarly responsible with their entire patrimony. Finally, the legal expert warned against illegal bank commissions. "It is ridiculous and illegal for banks to charge a commission for having finished paying off your mortgage in the last installment, or for issuing a zero-debt certificate," Lawtips asserted, citing stipulations from the Bank of Spain. Consumers who have been charged such fees may have grounds for a claim. The advice serves as a timely reminder for Spanish citizens navigating the complexities of property acquisition and mortgage agreements, aiming to empower them with knowledge to protect their financial interests.

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