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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What it is
The “prefirma” (pre-signing) usually refers to the preliminary notarial record (acta previa) required by Ley 5/2019 (Spanish mortgage credit law, for property loans to individuals), in which the notary verifies that the borrower has received the pre-contractual documents, understands them and has had any questions answered, and records this. In many cases it is a mandatory step before signing the mortgage.
Steps in the process
Receipt of documents from the bank
The bank sends the pre-contractual documents to the notary's office through the designated platform, within the legal deadlines.
Advisory appointment with the borrower
Explanation of the relevant clauses, risks, costs, interest rate, early maturity, linked insurance, etc.
Comprehension test and statements
The notary asks the borrower questions to verify that they understand the terms of the loan and records their answers.
Authorisation of the record
If everything is in order and the borrower has understood the terms, the notary authorises the preliminary record (acta previa).
Scheduling the mortgage signing
Without a favourable record, the mortgage is not signed. Once the record has been authorised, the signing of the mortgage loan deed is scheduled.
Required documents (client)
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