Most of the people who decide to buy a house have to apply for a mortgage loan to a financial institution and to be able to pay the same. Therefore, the first thing that one must do is to be well informed of the existing offers and of the obligations to be contracted.
There are two different and complementary elements:
The main loan contract, whereby a person or entity (the creditor, in general, a bank or savings bank), lends an amount of money to another (the debtor).
The mortgage, which is the guarantee that the debtor, or another for him, provides to whom he lends the money. It consists in that a property (or several) is offered and fixed as a guarantee that the loan will be repaid, so that if it is not repaid within the agreed deadlines, the financial entity could, with abbreviated procedures, sell in public auction the mortgaged property to collect what is owed, leaving the surplus to pay other creditors or, failing that, for the debtor.
Since the financial institution has a particularly effective guarantee, such as that of the mortgaged property, it can grant the loan with a longer-term and a more advantageous interest than in personal loans.
The property, unless the sale proceeds in the event of default, remains the property of the debtor, who can sell it, rent it or return it to mortgage.
This is not the only possible guarantee. Often, the financial institution requires that a bond be added to the mortgage, which consists of one or more people supporting the debtor, forcing himself to pay if he does not.
Universal responsibility: It should not be forgotten that the borrower responds with all his assets, present and future, to the payment of the mortgage loan. If the sale of the mortgaged property does not cover the debt, the entity that granted the credit will require the debtor to respond with any other good that he has or that he might have in the future.
Limited liability to the mortgaged property: However, today few entities grant mortgage loans in which the debtor's liability is limited solely and exclusively to the mortgaged property, and all others are released, in case of default of the loan. assets that the debtor has or could have in the future.
These are the steps that an individual must follow with a financial institution to acquire a home, which is the most typical assumption, although it can be applied to any mortgage loan. They are general advice. It is advisable if in doubt, to go to a notary since this will intervene in any mortgage and is the person who can give an independent, impartial and free advice on any aspect of the Mortgage for renovation.
What amount to order: It is necessary to take into account only the costs of the sale of the home and the appraisal, since the financial entity pays by law the tax, the registration invoice, the notary's invoice, and the management invoice, that is to say, that the mortgage loan should only carry appraisal expenses.
On the other hand, it should be borne in mind that credit institutions cannot lend more than 60% of the appraised value of the mortgaged property, except for the financing of the construction, rehabilitation or acquisition of housing, in which it may reach 80% of that value.
Obtain information from several credit institutions: Given the importance of the operation, you should not go only to your bank or a lifetime bank. It is advisable to compare different offers. Basic issues are:
Way to return the loan
Total term: Number of years in which the loan will be repaid. The longer the term, the more interest is paid and, therefore, more is paid together.
Periodicity of fees: It is usually monthly in almost all cases.
Possibility of early repayment: It is possible to advance loan amounts, either to reduce it or to pay it in full, before the agreed term. Each of the entities establishes conditions for this possibility.
Novation of the mortgage loan: It consists of an agreement with the financial entity to increase or reduce the capital, modify the term of duration agreed, the conditions of the interest rate initially agreed or in force, the method or system of amortization and any other financial conditions of the loan. You can also agree on the provision or modification of personal guarantees.
Subrogation of the mortgage loan: The procedure is basically to go to an entity that offers better conditions for the loan than those currently available, which must issue a binding offer. This offer must contain the new conditions that are offered, and the new entity will not be able to charge afterward commissions or expenses that have not been agreed on in that offer.
It is a post-loan operation, the last act once it has been fully paid. When the loan is paid in full, the mortgage, which is the guarantee that this loan is going to be paid and is ineffective, but a formal action is necessary to record that extinction in the Registry, which is the so-called cancellation.
It is necessary, therefore, a public deed before a notary, the mortgage cancellation, whose expenses will be borne by the debtor, that is, the one who requested the mortgage or subrogated in it. This deed does not require the debtor to intervene but is granted by the representatives of the financial entity saying that the debtor returned the loan capital with all its interests and expenses and requesting the property registrar to cancel the mortgage. Once signed before a notary, the deed of cancellation is taken to the registry, where it is registered, leaving the property completely 'clean' of the mortgage. The mortgage cancellation is tax-exempt.