Deeds relating to real estate

A public deed records property transactions such as sales, mortgages and acknowledgements of payment, allowing them to be entered in the Land Registry.

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A carta de pago (acknowledgement of payment) is the document by which the person entitled to receive payment (creditor or recipient) acknowledges having received an amount and, where applicable, declares an obligation settled (in full or in part). In real estate it is usually used to record payment of the price (or part of it) or payment of a debt linked to a property.

Steps in the process

1

Defining the case

What is being paid, who pays and who receives it, the amount, and whether it is a full or partial payment.

2

Drafting the document

Drafted with reference to the underlying legal relationship (sale, loan, private debt, etc.).

3

Attendance and signing

Signature of the recipient/creditor (and, if appropriate, of the payer) before the notary.

4

Issue of copies

Authorised copy (copia autorizada) or plain copy (copia simple), as needed.

5

Follow-up formalities (if applicable)

If the real aim is to "remove a registered encumbrance", a cancellation deed (e.g. of a mortgage) will normally also be required, and it must be submitted to the Registry.

Required documents

1

Identification of the signatories

Valid DNI/NIE/passport of the signatories (the person acknowledging receipt and, if they sign, the payer).

2

Full details of the parties

Marital status, address and matrimonial property regime, if applicable.

Proof/means of payment

Depending on the case: bank transfer, bank cheque, receipt, bank statement or bank reference for the payment.

4

Document or reference for the obligation paid

Contract/loan, invoice, related deed or, at least, identifying details (date, amount, purpose).

If someone signs on behalf of another person

Power of attorney (or corporate documents if it is a company).

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Frequently asked questions about acknowledgements of payment

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