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BOE-A-2026-1456 ·21 January 2026 ·Resolution Low impact
Tax

Land Registrars cannot demand residual debt certification to register judicial adjudications

The Directorate General for Legal Certainty and Public Faith has ruled that a Land Registrar may not refuse the registration of a mortgage foreclosure adjudication decree by citing the absence of a certificate detailing the outstanding debt balance (Art. 654.3 LEC). It is established that Article 9 of the Mortgage Law does not require a breakdown of residual debt as a condition for registration or for the subsequent cancellation of charges. The Registrar may only refuse registration due to obstacles arising from the Registry itself, rather than procedural issues or a lack of information regarding the execution balance (Art. 100 RH).

In 2 key points

  1. Article 9 of the Mortgage Law does not require a breakdown of residual debt to register an adjudication derived from an enforcement proceeding (art. 9 Ley Hipotecaria)
  2. Refusal of registration is only permissible for obstacles arising from the Registry, not for procedural situations (Art. 100 RH) (art. 100 RH)

How it affects those involved

For companies and individuals acquiring assets through auction or mortgage foreclosure, this guarantees legal certainty regarding the registration of adjudications without depending on the issuance of additional debt certificates by the Clerk of the Court. Registrars lose the power to issue negative assessments on judicial titles based on the absence of the breakdown of interest, principal, and costs provided for in Art. 654.3 LEC, limiting their power of refusal to strict registry-related obstacles (Art. 100 RH).

Lifecycle

2026-01-21PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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