The treatment of double immatriculation in the current Spanish mortgage regulations. New perspectives: the Cadastre-Registry of Property coordination.

Abstract

The new legal framework, which emerged as a result of the reform of the Mortgage Law after the entry into force of Law 13/2015, has made it possible to clarify, in a way, the resolution of the different conflict situations arising in the registration field, with two-way progress being made. On the one hand, in the dejudicialization of such procedures, of another, by establishing a mechanism that allows to graphically identify the logging farms thus avoiding the generation of double or, in general, multiple logging immatriculation. Precisely, in relation to the latter aspect, it is certainly innovative that the content of Article 209 LH is, by raising such specific regulation to legal range, and there is a de facto emptying of the content of the regulatory legislation on the subject.