Notice of a mortgage foreclosure procedure pending on the property
1. Does your national system admit such restriction?
This land register system envisages this kind of notice or includes the possibility of registering a notice as such.
2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?
Once registered this restriction, it implies a warning to third parties but does not block or freeze subsequent registrations.
3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?
In this system the duration of the registration of this restriction will be indefinite (until removed or deleted).
4. Indicate the national legal sources about this judicial restriction
Code of Civil Procedure § 378 (1) clause 1, Law of Property Act § 363
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- One of the measure for securing an action is establishment of a judicial mortgage on an immovable belonging to the defendant.
- To secure an action, a court may establish a mortgage to the extent of the claim of the action which shall be entered in the land register as a judicial mortgage.