Skip to content
BOE-A-2026-507 ·9 January 2026 ·Resolution Low impact
Tax

Registradores must declare nullity of proceedings due to failure to serve notices under Article 199.2 of the Mortgage Law

The September 22, 2025 resolution states that when notices required by Article 199.2 of the Mortgage Law are omitted, the registrar must declare the procedure null. This applies to the property in Torre Pacheco, where notices were omitted for adjacent landowners. The decision follows a legal appeal filed by a lawyer on behalf of the affected owners under Article 199.2.

In 2 key points

  1. A nullity of the procedure will be declared due to omission of notifications under article 199.2 (art. 199.2)
  2. Applies to properties where notifications have been omitted from adjacent owners (hechos i)

How it affects those involved

Adjacent property owners may see a mortgage nullified if required notifications have not been made. Registry officials must act in accordance with this resolution to avoid registration errors. Lawyers and representatives of affected parties must monitor compliance with notification requirements. Registry authorities should review their procedures to ensure compliance with the legislation.

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.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact