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BOE-A-2026-295 ·5 January 2026 ·Resolution Low impact
Tax

Resolution of 22 September 2025, of the Directorate General for Legal Certainty and Public Faith, regarding the appeal against the registration note

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registration note issued by a registrar in Madrid, which had denied the cancellation of mortgages and charges within insolvency proceedings. The registrar argued that the court order intended for rectification could not be clearly identified; however, the resolution determines that the submitted documentation allows for the error-free identification of the order dated 26 January 2024 and its subsequent rectification via the order of 10 June 2024. The ruling establishes that the documentation is sufficient to proceed with the cancellation of the judicially ordered charges.

In 2 key points

  1. The cancellation of mortgages and preventive annotations is permitted through rectification orders that clearly identify the original order (Hechos I)
  2. Discrepancies between the date of the Judge's order and the date of the Clerk of the Court's mandate do not prevent a positive registration assessment (Hechos II)

How it affects those involved

For companies involved in insolvency proceedings in the liquidation phase, this resolution confirms the validity of judicial rectification orders for the cancellation of land registry charges, even if date discrepancies exist between the Judge's order and the mandate from the Clerk of the Court. It prevents formal dating errors in judicial documentation from obstructing the clearing of property titles following adjudication in insolvency.

Lifecycle

2026-01-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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