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 include 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?
No, the registration of this restriction does not have the effect of blocking or freezing 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 temporary (under a deadline).
4. Indicate the national legal sources about this judicial restriction
As legal sources about this judicial restriction, the following are quoted:
These are provisions 1433 et seq. and 1569 et seq. of the Judicial Code.
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
Additional ideas on this type of restriction in this system are the following:
- In principle, all the observations made for the attachment procedure listed in class 1 are valid for the mortgage foreclosure procedure referred to here.