Notice of attachment to a debt due to a judicial claim

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.

We only register the judgment that declares the attachment of the immovable property valid, on behalf of which a judicial mortgage can be registered.

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 does not block or freeze subsequent registrations.

But if there is a new buyer, he has the right to purge the immovable of its mortgages, by paying the creditor on behalf of the purchase price, or through a public auction sale of the immovable.

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

Articles 2123, 2146, 2148, 2154, 2183, 2184, 2185, 2186 of the civil code & the amended law of 18/04/1910 about the mortgage regime.

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

• The registration is made in the Land Registry, where the property is located, otherwise it doesn’t have any valid effect.
• The creditor has to submit an authentic copy of the judgment.
• The rank of the mortgage is effective at the date of the transcription of the judgment.
• The registration maintains the mortgage valid for 10 years, if it isn’t renewed before the 10 years expire, for a new term of 10 years.