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The Directorate General for Legal Certainty and Public Faith has overturned the refusal of the Orgaz Registrar to register a deed of debt settlement (dación en pago). The ruling establishes that a statement from a banking institution attached to the deed is sufficient to verify the means of payment and the origin of the debt, complying with the requirements of Article 24 of the Notarial Law and Article 21 of the Mortgage Law (Art. 177 RN).
For individuals undertaking debt settlements, the ruling confirms that verifying the origin of funds and means of payment can be achieved through documents annexed to the deed (such as bank statements) that identify the destination of the money. It is not strictly necessary for the full details of financial traceability to be contained within the main body of the notarial text (Art. 177 RN).
The tax team reviews your specific situation.
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