The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a mortgage foreclosure adjudication decree. The resolution establishes that if it is proven through other procedures or documents (such as mortgage loan deeds under Law 1/2013) that the adjudicated property does not constitute the debtors' primary residence, registration must proceed (legal grounds 2 and 3.2). The dispute arose from uncertainty regarding the applicable adjudication percentage (50%, 60%, or 70%) depending on the property's status as a primary residence.
For financial institutions and creditors, the resolution strengthens legal certainty by allowing the registration of adjudications when it can be reliably demonstrated that the asset is not the primary residence, preventing registry blockages due to lack of information (legal ground 2). For registrars, it highlights the need to assess the documentary evidence provided (such as express mention in loan deeds) to determine the applicable adjudication regime under Article 671 of the Civil Procedure Law (LEC).
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