29 September 2022

How to differentiate a mortgage loan deed from a title deed?


Jessica Garcia

In all mortgage claims, the principal document that must be provided is the deed of the mortgage loan. It is important not to confuse it with the title deed.

To identify the mortgage loan deed, we should look at the title of the document itself. This usually refers to “Escritura de préstamo hipotecario”.

Here is an example of a mortgage loan deed.

The title deed can be identified in the same way. The title refers to “Escritura de Compraventa”. Here is an example. And we like to stress the fact that this is not the document we need.

Note: there are deeds entitled as “Escritura de compraventa con garantía hipotecaria, subrogación, novación o ampliación”. These deeds, although they contain the word “compraventa” in the title, would also be valid to claim certain abusive mortgage clauses. Here is an example.

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