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BOE-A-2026-11128 ·23 May 2026 ·Resolution Low impact
Tax

Creditors: it is possible to increase the amount of a recorded attachment while maintaining priority over intermediate entries

The General Directorate of Legal Security and Public Faith establishes that it is legally possible to increase the amount of a previously recorded attachment, even if there are other intermediate entries in the Property Registry. The resolution revokes a registrar's denial, clarifying that the increase (for instance, due to the maturity of new terms or insufficient interest and costs) enjoys the same priority as the initial entry against subsequent ones (art. 575.1, 578 and 613 LEC).

In 3 key points

  1. The increase of an attachment enjoys the same priority as the initial entry against subsequent entries (II)
  2. The increase may be justified by the expiry of new deadlines or the insufficiency of interest and costs (art. 575.1 y 578 LEC)
  3. Third-party holders limit their liability to the amounts specified in the entry at the time of their registration (art. 613.3 LEC)

How it affects those involved

For creditors with an existing registered attachment, this ruling ensures they can request an increase in the amount due to new titles or interest without losing their registration priority against third parties who have registered their rights between the original entry and the increase (Art. 578 LEC). For third-party purchasers, their liability is limited to the amounts specified in the original entry at the time of their acquisition, subject to the exception of liability for principal, interest, and legal costs (Art. 613.3 LEC).

Lifecycle

2026-05-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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