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. Capacity in the room: 6-10 people typical.

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 — mortgage first, then purchase

Step 1 — Mortgage deed signed FIRST. This is critical: the bank needs the mortgage in place before disbursing funds. The notary reads aloud the key clauses (rate, term, monthly payment, costs, default consequences). The interpreter translates. You're asked specific questions to confirm understanding. You sign each page of the deed (it's a long document — 30-60 pages).

Step 2 — Funds disbursed. Once the mortgage deed is signed, the bank issues the cashier's check or wire transfer for the disbursed amount. The check is made out to the seller. The buyer's cash deposit (the rest, beyond the mortgage) was already in escrow or delivered just before.

Step 3 — Purchase deed (escritura) signed. The seller hands over the title, accepting the funds. The notary reads aloud the property description, the price, the encumbrances (or lack thereof), and confirms there are no outstanding charges (other than the new mortgage you just signed). You sign each page.

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.