The Directorate General of Legal Certainty and Public Faith has upheld the decision of the Igualada No. 2 Land Registrar to suspend the registration of a court order dismissing a mortgage foreclosure. The dispute arose because the judicial mandate ordered the registration of a ruling declaring a clause null and void and the dismissal of the proceedings; however, the document's details referred to a different registered property (135 Collbató) than the one subject to the foreclosure and owned by the defendants (4203).
For individuals affected by the nullity of mortgage clauses, this ruling confirms that an error in identifying the property within a judicial mandate prevents the registration of the dismissal. Property owners will be unable to benefit from the reinstatement of proceedings resulting from the court order until the discrepancy between the property mentioned in the document and the actual registered property is rectified. For the registrar, the ruling validates their duty of qualification when there is a lack of correspondence between the title and the registry records.
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