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BOE-A-2026-507 ·9 January 2026 ·Act critical
Tax

Registrars must declare proceedings void due to failure to notify under Art. 199.2 of the Mortgage Law

The Resolution of 22 September 2025 establishes that if the notifications required by Article 199.2 of the Mortgage Law are omitted, the registrar must declare the proceedings void. This criterion applies to a specific property in Torre Pacheco, where notifications to adjacent cadastral owners were missed. The decision follows an appeal filed by a lawyer on behalf of the affected owners (Art. 199.2).

In 2 key points

  1. Proceedings shall be declared void due to failure to notify under Art. 199.2 (art. 199.2)
  2. Applies to properties where notifications to adjacent owners were omitted (hechos i)

How it affects those involved

Adjacent cadastral owners may have a mortgage declared void if the required notifications are not carried out. Registrars must act in accordance with this resolution to prevent registry errors. Lawyers and representatives of affected parties must monitor compliance with notification requirements. Registry administrations must review their procedures to ensure regulatory compliance.

Lifecycle

2026-01-09PublishedPublished in the BOE
2025-09-22Into forceComes into force (resolución de 22 de septiembre de 2025)
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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