The Directorate General for Legal Certainty and Public Faith has ruled that, in mortgage foreclosure proceedings, notifying a third-party owner of the existence of the proceedings is sufficient to guarantee their right to intervene (Art. 689 LEC). The case examines whether the absence of a specific demand for payment to the third-party purchaser prevents the registration of an adjudication decree. It is established that if the third-party owner acquired and registered their title prior to the claim, the notification of the proceedings fulfills the purpose of allowing them to intervene or satisfy the debt (Art. 689.1 LEC).
For banking institutions and claimants, this facilitates the registration of adjudication decrees following mortgage foreclosures, provided the existence of the proceedings has been notified to the registered third-party owner (Art. 689 LEC). For third-party owners who registered their title prior to the claim, the notification of the proceedings grants them the right to intervene in the foreclosure or satisfy the debt to prevent the loss of the property (Art. 662 and 689 LEC).
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