The Directorate General for Legal Certainty and Public Faith has ruled that the failure to register the marginal note of a certificate of charges does not prevent the registration of an adjudication decree and its cancellation order (Facts and Legal Grounds). The resolution establishes that the cancellation of charges must be reflected in the Registry in accordance with the adjudication order to ensure legal certainty and the effectiveness of the enforcement process. It is emphasised that the certificate of charges is intended to warn third parties of an ongoing enforcement proceeding (Art. 434 RH).
For companies and individuals involved in mortgage foreclosure proceedings, the resolution ensures that the absence of a prior formal step (the marginal note of the certificate of charges) does not block the registration of the adjudication and the cancellation of charges in the Land Registry. This protects the effectiveness of the enforcement and the legal certainty of the new owner, preventing procedural errors by the court or the registry from hindering the clearing of the mortgaged property.
The tax team reviews your specific situation.