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BOE-A-2026-5165 ·5 March 2026 ·Resolution Low impact
Corporate

Resolution of 18 November 2025, Directorate General for Legal Certainty and Public Faith, regarding the appeal against the registrar's note

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of an extrajudicial sale award deed. The registrar had suspended the registration, claiming that the award price (€60,000.00) was less than 50% of the appraisal value (€168,398.90) and did not cover the debt (€85,251.73). The resolution determines that, as the award combined with the discharge of the debt satisfies the creditor's claim, the requirements are met (Facts II).

In 2 key points

  1. The award is valid if the sum of the price and the discharge of the debt satisfies the creditor's credit right (Facts II). (Hechos II)
  2. The appraised value of the property was 168,398.90 euros (Facts I). (Hechos I)

How it affects those involved

For creditor entities and companies conducting extrajudicial enforcement, this resolution allows for the validation of awards where the bid price is below 50% of the appraisal, provided that the award plus the discharge of the debt fully satisfies the credit (Facts II). For debtors, this implies that an award for an amount below market value may be valid and registrable if the creditor waives any remaining balance and considers the debt satisfied.

Lifecycle

2026-03-05PublishedPublished 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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