Los problemas registrales derivados de la aplicación práctica de la STS de 11 de septiembre de 2019 sobre el vencimiento anticipado .

Abstract

Judgment 463/2019 of September 11, the Supreme Court, considering the long-term mortgage loan as a complex and unitary legal business with intertwined causes, concludes that the annulment of the early termination clause produces a denaturation or ineffectiveness of the mortgage, which implies, in turn, the termination of the contract as a whole. This circumstance, together with the fact that the alternative of article 1124 of the Civil Code generates harmful consequences for the debtor, makes it possible to replace the abusive of the early termination clause by the later imperative rule (the article art. 693.2 LEC), and the continuation of the foreclosure if the borrower’s default meets legal parameters. The dismissal of the execution in such cases, when the adjudication of the mortgaged property has been verified, but the effective delivery of the same to the acquirer has not taken place, generates several problems regarding its registry reflection, since it will not always be possible the restoration of the registry history of the mortgaged property to the state prior to the canceled execution.