The Property Registry can block the registration of a mortgage adjudication if the certificate of charges is missing
19 Oct 20263 views
Who is affected:
Mortgage creditors, auction adjudicatees, registrars and holders of subsequent charges
Summary
The DGSJFP resolves that without a marginal note certifying the issuance of a certificate of charges, the registrar may deny the registration of a mortgage adjudication. This procedure is essential to protect third-party creditors.
Detailed analysis
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The Dirección General de Seguridad Jurídica y Fe Pública analyzes an appeal against the refusal of the Adeje registrar to register a decree of adjudication in mortgage execution. The defect detected is the absence of a marginal note evidencing the issuance of a certificate of ownership and charges, an essential step in…
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