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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal filed by a notary against a negative qualification by a Land Registrar. The dispute concerns whether the declaration that the mortgaged property is not a habitual residence must be explicitly stated within the notary protection clause for debt recovery (Art. 129 of the Mortgage Law) or if it is sufficient for it to appear elsewhere in the loan deed.
For notaries, the ruling defines how mortgage loan deeds must be drafted to avoid registration suspensions. For financial institutions and clients, the interpretation of the Mortgage Law regarding the placement of declarations on the nature of the residence affects the speed of mortgage registration and the validity of extrajudicial enforcement agreements.
The administrative team reviews your specific situation.
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