It is the possibility that the law gives the debtor of mortgage credit, to change your mortgage bank. (Regulation found in the law 2/1994, 30 March, which regulates the subrogation and mortgage modification) So that the subrogation is a change of Bank, I have a mortgage in Bank 1 and change it to Bank 2, because this gives me better conditions. Hoe werkt subrogation? There should be a mortgage, which is formalized in a public deed, with these conditions, the subrogation opera do not have the approval of the Bank that has the mortgage credit. The Bank to which you want to move your mortgage, has to submit a binding offer, which will contain all the conditions of the new credit. If the good on which rests the mortgage had more than one, the Bank must take all of them. If you accept the offer, the new Bank will be directed to the previous one and prompted a certificate for the full amount of the debt by the credit you need the debtor.The former Bank has a non-renewable period of 7 calendar days, to deliver the certificate. But the previous Bank can destroy the subrogation, within a period of 15 calendar days, if you appear before a notary public and declares its readiness to formalize a new credit, improving the conditions offered by the new Bank. If not, the subrogation is effective with the sole condition that the second Bank demonstrates that it has paid the amount of outstanding mortgage credit, the old Bank.
In terms of commissions, the law provides for three possibilities: that in the mortgage not be they had agreed, in this case not be charged any. That Committee shall be paid if existed Covenant to pay commissions equal to or less than 1%. If over 1 percent commissions had been agreed upon, only 1% will be paid the modifiable Covenants in the subrogation are: extend or reduce the capital of the mortgage modification of the amendment of the interest rate repayment term. Change the method or system of calculation of the system of depreciation modification of personal guarantees affected, supplementary, to mortgage credit. Are there any tax benefits for subrogation? Notarial writing will not pay tax on documented legal acts. You should always go to the subrogation? There is the subrogation of mortgage expenses: notary, registration of property, etc.
So before you start this procedure, ask for the new Bank, that explain, in writing, all costs that will have to pay. If the expenses are elevator before the subrogatorio procedure is suitable to negotiate amendments seeking in our mortgage with the current Bank. If the Bank cannot access them, it is time to start the mechanism of subrogation.