The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's decision to deny the cancellation of a mortgage loan on the grounds of absolute nullity. The registrar's refusal was based on the fact that registry entries are under judicial safeguard and can only be rectified with the holder's consent or by court order (Art. 1.3. of the Mortgage Law). The case concerns a request to rectify a property's history to cancel a loan that the applicant claims was null and unenforceable.
For individuals seeking to rectify registry entries by alleging the nullity of titles, this ruling confirms that the private application route is insufficient if the entry is under judicial safeguard. Interested parties must obtain the consent of the registered holder or a final court judgment in a proceeding where the holder is a party to achieve cancellation (Art. 1.3. Mortgage Law). It is not enough to prove the nullity or unenforceability of the loan through private documents.
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