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Dolores PerujoAbogada · Lawyer

Buying & selling · Costa del Sol · 2026

Selling a property with a mortgage in Mijas or La Cala

A mortgage balance does not necessarily prevent a sale in Mijas or La Cala. It does mean that the contract, bank and completion payments must fit together. The important distinction is between paying the loan and removing the mortgage entry from the Land Registry: completing one does not automatically complete the other.

· Lawyer Mijas

Start with the current title and the loan

Obtain current registry information and identify the lender, borrowers, secured property and any other charges. Compare that information with the loan documentation. A mortgage may affect more than one registered property, so do not assume that paying an amount quoted for an apartment also releases a separately registered garage.

Tell your adviser whether the sale proceeds will cover the outstanding balance and costs. If there is a shortfall, it needs an agreed solution before you promise a debt-free transfer. A buyer taking over your loan is a different arrangement, requiring its own review and lender involvement; it is not the default consequence of the sale.

Coordinate the repayment amount with completion

Ask for a bank calculation tied to the intended completion date. A figure in a mobile banking app may not include all interest or contractual amounts due on redemption. If completion moves, confirm whether the payment instructions and total need updating.

Prepare a written completion statement showing what is paid to the lender, what the seller receives and any agreed amount retained to deal with cancellation. Every deduction should have a purpose and a documented basis. Independently verify bank details using a known contact channel, particularly if an email changes them just before signing.

Repayment and registry cancellation are different

Once the loan is repaid, obtain the lender's zero-debt certificate; Banco de España explains that it should be issued free of charge. The usual formal cancellation route also involves the appropriate deed, tax formalities and registration. A zero balance alone does not erase the registered mortgage.

Agree who will manage the cancellation and how completion will be demonstrated. Ask for a breakdown separating any permitted early-repayment charge from notarial, registry and optional management costs. Do not assume that a generic estimate is a final invoice or that every charge proposed by an intermediary is mandatory.

Check the contract and the evidence after signing

  • Does the sale contract describe the existing mortgage and the agreed release arrangements?
  • Is the redemption calculation valid for the scheduled signing date?
  • Are the payment recipients and any cancellation retention clearly documented?
  • Who is responsible for obtaining and registering the cancellation deed?
  • How and when will any unused retained balance be reconciled?

Keep copies of the completion statement, payment evidence and cancellation documents. Follow up until updated registry information confirms the agreed position. If you live abroad, discuss representation early: a power of attorney must cover the intended acts, and the lender may have its own requirements.

Frequently asked questions

I paid off the loan years ago. Can it still appear on the title?

Yes. Repayment and cancellation of the registry entry are different steps. Check current registry information before agreeing a sale timetable.

Must I use the bank's management service?

Banco de España describes the possibility of arranging the cancellation yourself. Compare the available handling options and their costs; the correct formalities still need to be completed.

Official sources

Dolores Perujo · La Cala de Mijas

Discuss your situation

Planning to sell in La Cala de Mijas, Calahonda or Mijas with a mortgage still registered? Contact the office before signing the reservation or private contract so the repayment and cancellation can be coordinated.