The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a qualification made by the Land Registrar of Ocaña. The appellant challenges the entry of a marginal note regarding the issuance of a certificate of ownership and charges following a judicial order (Art. 19 bis of the Mortgage Law). The dispute arises because the new mortgage foreclosure proceedings are based on the same enforcement title as a previous foreclosure that was already dismissed and archived by a final ruling from the Provincial Court of Toledo (Art. 222 of the Civil Procedure Law).
For the appellant (the owner), the ruling analyses the validity of a marginal note affecting their registered property in relation to a mortgage foreclosure attempting to reactivate a title that has already been adjudicated. For the Land Registry, the case tests the obligation to respect the principle of res judicata (Art. 222 of the Civil Procedure Law) when faced with judicial orders requiring entries regarding enforcement titles that were previously annulled or dismissed.
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