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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register only part of an adjudication decree and its cancellation order. It was determined that if the cancellation order for charges arising from a mortgage foreclosure procedure mandates the cancellation of all mortgages (entries 4th and 5th), it is not legally viable to request the partial registration of only an undivided half or the cancellation of just one of the mortgages (Legal Grounds 1).
For individuals or successful bidders in mortgage foreclosure proceedings, this resolution limits the possibility of making partial registrations when judicial documents (decree and order) provide for the extinction of all charges and the full adjudication. The applicant must submit documentation for the total registration of the acts contained in the order, as the effect of a single cancellation order cannot be fragmented (Legal Grounds 1).
The tax team reviews your specific situation.
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