BOE-A-2026-5793 ·12 March 2026 ·Resolution Low impact
Tax

Banking entities: Directorate General for Legal Certainty upholds suspension of registry entries following annulment of acceleration clause

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal filed by Deutsche Bank, SAEU against a registrar's decision to suspend the cancellation of registry entries. This measure follows the annulment of an unfair early maturity (acceleration) clause in a mortgage, as established by a final court order (art. II). The dispute arose when the banking entity attempted to reverse the title registration and encumbrances following the declaration of the clause's nullity.

In 2 key points

  1. The suspension of the cancellation of registry entries remains in place due to the nullity of an early maturity clause declared unfair (Hechos I)
  2. The nullity of the early maturity clause was declared by the Court of First Instance No. 7 of L’Hospitalet de Llobregat (art. III) (art. III)

How it affects those involved

For banking entities, the ruling reinforces the impossibility of performing registry entries for cancellation or re-registration of title when a judicial declaration of nullity for unfair clauses (such as early maturity) exists, even if the lack of a specific judicial mandate is argued (art. I). For mortgage debtors, it consolidates the effectiveness of judgments declaring unfair clauses null and void against the financial institution's claims for registry rectification.

Lifecycle

2026-03-12PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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