The Directorate General for Legal Security and Public Faith has ruled that issuing a certificate of ownership and charges extends the validity of a preventive lien annotation for an additional 4 years (Art. 86 LH). The resolution dismisses the refusal by the Registrar of Pineda de Mar, clarifying that if the certificate prevents cancellation due to expiry, it also prevents the entry from being considered expired for the purposes of requesting an extension. Any mandate presented following the certification must be admitted if submitted within this new period of validity.
For creditor entities (such as the Institut Català de Finances), issuing certificates of charges acts as a protective mechanism that prevents the automatic expiry of liens, allowing for extension requests under Art. 86 of the Mortgage Law. For Registrars, the ruling limits restrictive interpretations that sought to separate the 'cancellation' effects of the certificate from the 'validity' effects required for an extension. Debtors cannot claim the entry has expired if a prior certificate of charges exists that has extended said period.
The tax team reviews your specific situation.