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The Directorate General for Legal Certainty and Public Faith analyses the validity of the unilateral cancellation of a mortgage when the original creditor has transferred their interest. The ruling addresses whether the requirement for acceptance provided for in Article 141 of the Mortgage Law must be directed to the new holder, or if the failure to accept within the two-month period allows for cancellation without their consent (Article 237 of the Mortgage Regulations).
For owners of properties with unilateral mortgages that have not been accepted, the ruling reinforces the possibility of cancelling the charge after the two-month notice period expires, even if the creditor has changed (Article 237 of the Mortgage Regulations). For banking entities acquiring interests in unilateral mortgages pending acceptance, there is a risk that the charge may be cancelled without their involvement if prior registration of acceptance has not been formalised.
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