Although I agree with your comments about some spanish lawyers the completion process at the Notary works well
It is normal for a builder to have a mortgage on the property which is discharged prior to the completion and this is check by the Notary along with the declariations that are made
Again it is an easy search process to check that the property already has a mortgage but sometomes the problem is a mortgage on the whole plot which was an issue in the Torrevieja area with Technologica
I am not aware that this has happened at any other developments from Peinsa but again if ask the question at The Notary it has to be answered