Day at the Spanish notary: complete walkthrough for foreign buyers

The week before — preparation

Receive the FEIN (Ficha Europea de Información Normalizada) from the bank — this is the binding mortgage offer. By law (Ley 5/2019), you must receive it AT LEAST 10 days before the notary signing. This 10-day cooling-off period is YOUR right — use it to review terms with a lawyer.

Notary pre-meeting (acta de transparencia material): at LEAST 1 day before signing, you must attend a separate meeting at the notary where they verify you understand the mortgage. This is a Ley 5/2019 protection — the notary asks you questions about your understanding of the rate, term, costs, and risks. They issue an 'acta' confirming your informed consent. WITHOUT THIS ACTA, THE MORTGAGE CANNOT BE SIGNED.

Confirm the appointment the day before. Confirm currency of the bank transfer or cashier's check. Confirm interpreter if needed. Confirm lawyer attendance if applicable.

Gather originals: passport, NIE certificate, recent bank statements (if requested), apostilled income docs (if requested), receipt of ITP/AJD payment if pre-paid.

Arrival at the notary — first 15 minutes

Choosing the notary: in Spain you (the buyer) generally choose the notary. The notary is a neutral public officer, paid by fees that are government-regulated, not a representative of either party. Common choice: a notary in the property's locality or your lawyer's recommendation.

On arrival: check in at reception. Present ID. You'll be seated in a meeting room. The notary reviews your file (deed draft, mortgage documents, identity) before calling everyone in.

Attendees walk in: typically seller, buyer (you), bank representative (apoderado del banco — empowered by the bank to sign on its behalf), interpreter if needed, real estate agent (often present to receive commission), lawyers if applicable.

Document distribution: the notary distributes the draft escritura (deed) and mortgage deed. You can ask for time to read in detail — don't skip this.

The signing sequence — purchase first, then mortgage

Step 1 — Purchase deed (escritura) signed FIRST. Only the owner of a property can mortgage it, so the sale comes first. The notary reads aloud the property description, the price and the encumbrances (or lack thereof), and confirms how the price is paid. You and the seller sign.

Step 2 — Mortgage deed signed straight after. In the same sitting, the notary reads the key clauses of the loan (rate, term, monthly payment, costs, default consequences). The interpreter translates. You're asked specific questions to confirm understanding. You sign the deed, which is a long document.

Step 3 — Funds delivered. The bank's cashier's check or transfer for the loan amount, made out to the seller, is handed over as part of this single act, together with your own funds (the rest, beyond the mortgage), which were already in escrow or delivered just before. The seller receives the money only because both deeds are signed at once.

Step 4 — Special clauses if any. Plusvalía retention, completion of community fees confirmation, any specific buyer-seller agreements.

Step 5 — Keys handed over. Traditionally at the end of signing, the seller hands the keys to you. Some sales have a 'tramo' (delay) for the seller to move out — in that case, keys are delivered separately by appointment.