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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal filed by the Official Credit Institute (ICO) against a land registrar's decision. The dispute arises from the suspension of the registration of various covenants in a mortgage loan deed intended for the construction of social rental housing (art. II). The appeal specifically challenges clauses regarding auction valuation, definitions of financial terms, and interest calculation formulas (art. III).
For credit institutions (in this case, the ICO), the ruling affects the legal certainty of contractual covenants in business mortgage loans intended for social housing programmes (art. II). The dispute over the registration of auction valuation clauses and interest formulas impacts the enforceability of mortgage securities. For development companies, the registry's decision determines the effectiveness of the financial terms agreed upon in their construction loans (art. II).
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