The Directorate General for Legal Certainty and Public Faith has overturned a Land Registrar's negative assessment, which had suspended the registration of an adjudication decree because no formal claim had been filed against the third-party possessor. The ruling establishes that notification of the mortgage foreclosure proceedings is sufficient to comply with Articles 685 and 689 of the Civil Procedure Law (Art. III). It was determined that requiring an express claim against the third-party possessor constitutes an excessive formalism not provided for by law.
For financial institutions and companies acquiring assets through mortgage foreclosures (such as Corelsa Gestión, S.L.), legal certainty is guaranteed regarding the registration of adjudications without the need for additional requirements for a formal claim against the third-party possessor, provided prior notification has been given (Art. III). Land Registrars' ability to issue negative assessments is limited in the absence of a formal claim against the third-party possessor if that party has already been informed of the proceedings (Art. III).
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