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, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties.
Subsequent registration may come pending, but the registration application shall be left in abeyance to wait the final decision of the court or bailiff.
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)?
Removal of this registration demands notice from the bailiff.
4. Indicate the national legal sources about this judicial restriction
- Enforcement Code 705/2007 Chapter 4 (foreclosure) and Chapter 8 (enforcement of a decision on precautionary measures)
- Code of Judicial Procedure 4/1734 Chapter 7 (precautionary measures)
5. Please, give us an idea about the characteristics of the registration of this restriction in your system
- The bailiff shall immediately give notice to the registrar of the attachment of real estate, a registered special right as well as other mortgageable property and housing company share. Registrar must enter the restriction to register at the same day the notice has arrived
- Nowadays the bailiff can make registration of restriction (foreclosure) directly to the land register and also remove the registration directly from the land register.
