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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a mortgage cancellation. The resolution examines the validity of a borrower's representation acting on behalf of the bank through a special power of attorney and corporate resolutions from the entity's Executive Committee (Facts I). The case focuses on the effectiveness of irrevocable powers of attorney to unilaterally execute deeds of discharge and registration cancellation.
For mortgage holders, the resolution reinforces the legal certainty of cancellation mechanisms via powers of attorney granted by the banking entity (Facts I). Land registrars must assess the sufficiency of representative powers when using notarised corporate resolutions for the unilateral cancellation of encumbrances.
The tax team reviews your specific situation.
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