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The Directorate General for Legal Certainty and Public Faith analyses the validity of direct enforcement proceedings against mortgaged assets. The ruling emphasises that, pursuant to Article 132 of the Mortgage Law, for a registry qualification to be positive, it must be proven that the debtor was served a demand for payment at the address specified in the mortgage deed (Art. 682 LEC). This requirement is essential to ensure legal certainty and prevent the nullity of the proceedings.
For creditor entities and companies involved in mortgage foreclosure proceedings, the ruling reinforces the need to strictly comply with the demand for payment at the contractual address to avoid the refusal of registry entry (Art. 132 Mortgage Law). Failure to complete this essential step may result in the nullity of the entire enforcement procedure. For debtors, it guarantees the right to receive notifications at the agreed address, preventing delays or lack of knowledge regarding legal actions.
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