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 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

• Art. 924 of the Code of Civil Procedure of 17 November 1964 (O.J. 2019. 1460)

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

At the same time, when the summons is sent to the debtor, the bailiff submits to the court competent for keeping the land and mortgage register an application for an entry to initiate enforcement or to submit an application to a set of documents, together with a copy of the request for payment.

The creditor who directed the execution to the property after it was seized by another creditor, joins the proceedings initiated earlier and cannot demand repetition of actions already performed, he also has the same rights as the first creditor. In the case, the bailiff submits to the court competent to keep the land and mortgage register an application for an entry on the creditor joining the enforcement or for submitting the application to the set of documents.

The registration is regulated by the Code of Civil Procedure (art. 626 1 – 626 13 ) and is initiated by application of a bailif acting on behalf of a creditor and has declarative effect.