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The Directorate General for Legal Certainty and Public Faith establishes that, in the assignment of a mortgage credit where the debtor is a consumer and the collateral is a dwelling, mandatory consumer protection rules must apply to the assignee (legal grounds 2). In cases where the assignee is a non-credit entity acting professionally, it must comply with registration in the public register of lending companies (legal grounds 2).
For non-credit entities (such as investment funds or management companies) that acquire mortgage loan portfolios, the resolution imposes the obligation to observe consumer protection regulations as if they were the original entity (legal grounds 2). Furthermore, these entities must be registered in the register of lending companies for their assignment to be registrable in the Land Registry (legal grounds 2).
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