Should i see the mortgage deed before completion?

I sent an email to my spanish lawyer today asking for a details or a copy of the mortgage deed.  I was told that a copy would be provided on completion!  Is this normal?  From my point of view, I'd like to have an idea of what mortgage terms I was expected to complete on...

You should know precisely what the terms of the mortgage are.  Most banks will print off a schedule of details including amount of the loan; term; rate of interest including details of any first year offers; monthly repayments and so on.  But it is not reasonable to ask for sight of the deeds before completion.  The deeds take the form of a second notarised escritura which will be lodged with the Property Registry along with thenotarised escritura for the purchase of the property.  The mortgage escritura will be drafted by the bank's solicitors quite close to completion.

 Jek:

This information may help you:

http://www.eyeonspain.com/blogs/costaluz/2433/legal-tip-163-a-guide-for-successful-house-buying-part-v.aspx

Hi david & ellie,

It is imperative that you obtain from your lawyer, bank or broker the mortgage conditions before you sign; Unfortunately not all lenders will issue a formal binding offer for you to review and sign acceptance of, but at the very least they must inform you of the conditions.

Either you or your lawyer should and check very carefully it is in line with what you were told. It's not unusual for bank to try to change terms at last minute.

Last week a Spanish buyer asked the notary's clerk for a copy of the mortgage deed a day before signing and the clerk said no. When I asked why the answer was becuase it was 50+ pages and too big to email. I still don't understand why with email it makes any difference? Of course it depends whose notary it is and the bank and buyer had agreed to use seller's notary even though they have the right to chose notary. Of course the other problem is the deed is never finalised until just before signing which is why there is so much faffing around and sitting in notaries offices and that always bugs me.