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The Directorate General for Legal Certainty and Public Faith has upheld the refusal of a preventive seizure annotation requested by an owners' association. The Torrelavega No. 1 Land Registrar denied the registration because the defendant is not the registered owner of the property; instead, it is registered to their daughter and ex-spouse. This constitutes an irremediable defect in the chain of title (tracto sucesivo) under Article 20 of the Mortgage Law.
For owners' associations, this ruling reinforces the strict application of the principle of chain of title in the Land Registry: it is not possible to record seizures on assets that are not registered in the debtor's name, even if the transfer to relatives was carried out to evade debts. The risk for creditors is the inability to secure the property through a preventive annotation if the registered ownership has been altered prior to the registration of the seizure order.
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