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BOE-A-2026-17151 ·6 August 2026 ·Resolution not-relevant
Administrative

Ruling on the application of the Real Estate Credit Contracts Act to mortgage-backed loans

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's negative assessment, which had suspended the registration of a mortgage credit deed. The dispute concerns whether a current account credit secured by a mortgage on a dwelling must comply with Law 5/2019 on real estate credit contracts, given the failure to prove compliance with contracting requirements and the inclusion of clauses that contravene said regulations.

In 2 key points

  1. Obligation to assess the legality of extrinsic forms and the validity of acts in public deeds, Art. 18 of the Mortgage Law (art. 18 Ley Hipotecaria)
  2. Requirement to declare the status of the property as a dwelling (primary or otherwise) in mortgage loan deeds, Art. 21.3 of the Mortgage Law (art. 21.3 Ley Hipotecaria)

Lifecycle

2026-08-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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