The registrar cannot require repeating in a mortgage clause what is already stated in the deed
24 Jul 20268 views
Who is affected:
Notaries, registrars, financial entities and mortgage debtors with non-habitual properties
Summary
The DGSJFP resolves that it is not necessary to repeat in the extrajudicial sale clause that the property is not a habitual residence if it is already clearly stated in the deed. The negative qualification of the Lloret de Mar registrar is revoked.
Detailed analysis
PRO
The General Directorate of Legal Security and Public Faith resolves an appeal against the refusal of the Lloret de Mar registrar to register a CaixaBank mortgage. The registrar required that the declaration regarding the non-habitual nature of the property be expressly included within clause 12 bis of extrajudicial sal…
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