BOE-A-2026-13168 ·17 June 2026 ·Resolution Low impact
Tax

Individuals: Mortgage cancellation cannot be requested from the Land Registry based solely on debt prescription

The Directorate General of Legal Certainty and Public Faith has denied a request to cancel a mortgage via a formal application (instancia) based on the prescription of the personal action (Art. 1964 of the Civil Code). The ruling establishes that it is not within the registrar's power, in their qualifying capacity, to assess the expiration or prescription of rights (Art. 18 of the Mortgage Law). To release charges on this basis, specific legal procedures must be followed rather than merely alleging prescription in an application.

In 2 key points

  1. The registrar cannot assess prescription or expiration in their qualifying capacity (art. 18 Ley Hipotecaria)
  2. The prescription of personal actions does not automatically lead to the cancellation of the real security in the Land Registry (art. 1964 Código Civil)

How it affects those involved

For individuals wishing to cancel mortgages where the debt has prescribed, requesting cancellation via a simple application alleging the prescription of the personal action is inadmissible before the Land Registry. The registrar lacks the authority to qualify prescription as a ground for cancellation (Art. 18 of the Mortgage Law). Interested parties must pursue judicial proceedings or use the special procedures provided for in the Mortgage Law to achieve the release of the real security interest.

Lifecycle

2026-06-17PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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