The Property Registry must accept mortgage cancellation if the notary certifies that the representative has sufficient powers
01 Jul 202654 views
Who is affected:
Notaries, property registrars, banking entities and their representatives in mortgage cancellations
Summary
The General Directorate resolves a dispute on whether the notary must detail the powers of the banking representative when canceling a mortgage. It clarifies what requirements the notary's judgment of sufficiency must meet to register the cancellation.
Detailed analysis
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The DGSJFP resolves the appeal filed by a notary against the negative qualification of the Soria registrar who suspended the registration of a Kutxabank mortgage cancellation. The defect noted was the lack of description of the representative's specific powers and absence of adequate notary judgment of sufficiency. The…
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