Assigment of mortgage loans : registration in the land registry office

Abstract

The assignment of mortgage is not a new phenomenon, but as a result of the economic crisis, some financial institutions are proceeding en masse to the transfer of their credits in an attempt to improve their balance sheets and their own economic situation. Hence the legal purchase of such assignment obvious relevance. One of the most problematic issues is raising the matter is that which has to do with the registration of these assignments in the Land Registry. For some courts that registration is purely declarative, others have scope incorporation and, in that context, many executions are seeing paralyzed before the legal requirement to proceed to the registration of those transfers that were not registered. Also, questions on declarative or constitutive value of the assignment of mortgage credit is of paramount importance when deciding whether the assignee has standing registered to attend the special execution process. These and other questions are addressed in this article.