Juan Antonio Montoro, lawyer of the Department of Procedural Law of Afianza, highlights a paradigm shift in the real estate sector: a recent ruling can facilitate the lifting of certain old charges – such as domain reserves or suspensive conditions – in a much more agile way. According to the expert, these inscriptions of the 60s and 70s tend to block sales and the granting of mortgages, but now there is a quick way to eliminate them by comparing them to the resolution conditions.
The Obstacle of the Burdens of the 60s and 70s
Historically, it was common for sales not to be secured by mortgages, but by means of domain reservationUnder this formula, ownership was not fully transmitted until the last instalment was paid.
The problem arises decades later, when the owner tries to sell and finds that:
- Buyer withdraws in the face of registration uncertainty.
- Bank Denies Mortgage when detecting a previous load on the simple note.
- Documentation missing original to accredit payments made more than 50 years ago.
The key judgment: equalization with resolution conditions
So far, if a registrar objected to cancelling the charge, the process was slow and cumbersome. However, a court in Lleida has handed down a pioneering judgment allowing the application of Article 210 of the Mortgage Act to these situations.
What does the current regulations allow?
The Mortgage Law provides for mechanisms of time cancellation for certain security rights, including resolution conditions, when the applicable legal and registration requirements are met. The key to the success of this new procedure, according to the Afianza expert, is to have demonstrated judicially that the reservation of domain has a similar nature to these conditions, allowing its lifting by prescription.
Benefits for the owner: safety and speed
This judicial remedy not only offers a solution to the mistakes of the past, but returns the market value to the property definitively.
Avoid banking blockade
Most of the refusals to finance old estates are due to these "marginal notes". By removing them, the property is again suitable for any bank valuation, facilitating the firm of the sale.
Direct challenge to the registrar
This precedent allows owners challenge directly in civil jurisdiction the decision of a registrar instead of waiting months for the General Directorate of Records, which often rejects these cancellations because they are not provided for literally in the rule.
How to know if your home has an old burden
The first step is to request a Simple Note updated. If references to "dominance reservation" or "suspensional condition" from past decades appear in the load section, the property is technically "trapped".
At Afianza, we are specialists in unleashing these complex registration situations. Our team analyzes the viability of your case to clear the history of the estate and ensure that you can transmit your property free of charges and with complete legal certainty.
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