Notice of a mortgage foreclosure procedure pending on the property

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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?

It depends on the type of letter, which is registered in the operation of the real estate cadastre. It can only mention third parties about the execution, or it can prohibit the disposal of real estate

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

  • Act Nr. 233/1995  Coll. Enforcement order

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

The executor will issue a notice of the commencement of execution by establishing an enforceable lien. This document does not prevent the disposal of real estate. The executor will issue a notice of the commencement of execution by the sale of real estate. This document already prevents the disposal of real estate.

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