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BOE-A-2026-14995 ·9 July 2026 ·Resolution Low impact
Tax

Individuals and creditors: extending preventive seizure annotations via marginal notes is possible if the amount is liquid and from a ruling

The Directorate General for Legal Certainty and Public Faith establishes that it is appropriate to apply a marginal note to extend preventive seizure annotations when the liquid amount is determined by a final judicial ruling, even if it exceeds the amount initially recorded. This doctrine allows the registry guarantee to be adjusted to the developments of the proceedings, including costs, interest, or the accumulation of debts arising from the main enforcement process (rulings from 2012, 2016, 2017, and 2020).

In 3 key points

  1. Extension is viable when the liquid amount is determined by a final judicial ruling, including costs or interest (Resolución de 25 de junio de 2012)
  2. Marginal notes are permitted to adjust the figure in response to the procedural accumulation of debts from different enforcement titles over the same assets (Resolución de 20 de septiembre de 2017)
  3. The purpose of the annotation is to ensure the effectiveness of enforcement by adapting to the true amount of the debt claimed (Sentencia del Tribunal Supremo de 14 de junio de 2006)

How it affects those involved

For creditors (individuals or entities), the ruling ensures that the registry protection of their credits can be updated and expanded as the debt is finalised or as costs and interest accumulate, without the need for new annotations from scratch. For debtors, this implies that the encumbrance on their registered properties can increase dynamically during the judicial enforcement process. Registrars must admit these extensions provided that the amount is liquid and judicially proven.

Lifecycle

2026-07-09PublishedPublished 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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