Establishing the title of debt as executive title in the foreclosure process

Abstract

In this paper the study of enforcement is addressed in the foreclosure process. Notwithstanding that for practical purposes the discussion is irrelevant, in science, in contrast, may be doubts about what is truly that title: the credit, ie, that in which mandatory relationship is documented (loan or credit), or the registered title, the one in which it is stated the mortgage. The LEC itself uses the two terms interchangeably to refer to the enforcement order and, although it will normally stated in the instrument or deed, one wonders if documented separately, which would indeed be the title. She believes that it is the credit title.