Notice of an enforcement procedure (different from the mortgage) is 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.

But it is generally registered the same way as attachments/foreclosure connected to mortgages, see the description above under question 7. Information in the land register may differ depending on the type of attachment.

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, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties.

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

  • See explanation above under question 8.

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

The decision about attachment can be made by the Enforcement Agency or by the court. In general there are four different kinds of attachment but they are more or less handled the same way by the land registry. Se the explanation above under question 7 about executive auction and how that registration affects subsequent applications of registration.

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