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The Directorate General for Legal Certainty and Public Faith has dismissed an appeal seeking the cancellation of a mortgage based on the prescription of the personal action for the debt (Art. 82.5 of the Mortgage Law). The court ruled that even if the debt or the mortgage foreclosure has prescribed, the mortgage as a real right can only be cancelled due to expiry if the validity period of the registered mortgage itself has elapsed (Art. 82.5 of the Mortgage Law). In this case, the mortgage remains valid until March 2036.
For individuals (debtors), the prescription of the debt or the dismissal of a mortgage foreclosure does not automatically lead to the registration cancellation of the charge (Art. 82.5 of the Mortgage Law). The risk for the owner is maintaining a registered mortgage that, while unenforceable, remains on the Land Registry until its agreed or legal expiry date, preventing a full clearance of the property title.
The tax team reviews your specific situation.
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