LA PROBLEMÁTICA DEL CONCEPTO DE PARTE EN EL PROCESO DE EJECUCIÓN.

Abstract

Standing as a party to a foreclosure process does not necessarily coincide with capacity as the lender or borrower named in the enforcement order, so foreclosure can be performed against persons not appearing in the enforcement order and the liability contained in the enforcement order can even be extended vis-à-vis persons against whom foreclosure was not at first ordered, but who own assets that are especially committed to secure the discharge of the obligation at issue in the process. This article centres on analysing what persons can be parties to a foreclosure process, to define their position in proceedings and the defence mechanisms available to them, especially when they find themselves in the de facto position of one whose property is attached for debt or in the position of a quasi-party.