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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a negative classification issued by a Land Registrar. The dispute concerns whether a judicial order mandating the rescission of a sale and the re-registration of the property in favour of an assignee must explicitly include the cancellation of a mortgage of a later rank (Articles 18 and 19 of the Mortgage Law). The case examines the priority of ranks when a resolutory condition takes precedence over a mortgage charge registered subsequently.
This ruling clarifies the requirements for judicial orders regarding the cancellation of subsequent mortgages when a resolutory condition is triggered, affecting the procedural certainty in land registry cancellations.
The tax team reviews your specific situation.
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