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).

It lasts until a judge orders the cancellation of the restriction.

4. Indicate the national legal sources about this judicial restriction

• Article 684 and following of Law on Civil Procedure (https://www.boe.es/eli/es/l/2000/01/07/1/con), especially article 688 Law on Civil Procedure.

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

In the Spanish legal system, there are different ways of executing a mortgage.

One of them is the “direct execution procedure”, to which this seventh point relates.

To attend this way of execution, some conditions must be met in the legal deed at the initial time of registration the mortgage.

So, if the direct execution procedure is expected in the registration, once the procedure is initiated, this initiation is registered. So this registration warns third parties about the start of the procedure.

It is registered by a marginal note.

Once it is registered and signed by the Register, this start is communicated to the Court, together with a certification of the record of the concrete status of the property.

The effects of this marginal note are:

• 689.1 Law on Civil Procedure (https://www.boe.es/eli/es/l/2000/01/07/1/con): The registrar communicates the beginning of the proceeding to the owners of burdens or other notices that have been registered prior to the marginal note, but after the mortgage. Also, to the owner of the property, if it has been transferred before the beginning of the mortgage foreclosure procedure.
• If this communication is not done, the direct execution procedure is null.