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The Directorate General of Legal Certainty and Public Faith confirms the suspension of the registration of credit compensation clauses in mortgage loan deeds (Facts II). The resolution maintains that such pacts, which allow the entity to offset debts with account balances, transcend the mortgage guarantee and lack real effectiveness (Facts II). It is based on Supreme Court jurisprudence and the DGRN resolution of November 10, 2016, regarding pacts that provide alternative payment methods to mortgage foreclosure.
For credit institutions, this criterion limits the ability to enforce debts through direct offsetting against borrowers' account balances within the mortgage deed, as such agreements are deemed to transcend the collateral (Facts II). For individuals/borrowers, it strengthens protection against clauses that allow banks to dispose of funds through methods alternative to mortgage foreclosure. Notaries must observe that, although the clause is not mandatory in the FEIN under Law 5/2019, its inclusion in the deed may be subject to a negative assessment by the Land Registry (Facts II).
The tax team reviews your specific situation.
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