Problematic adjudication of real estate due to "debt" in the debtor's non-habitual residence

Home News Problematic adjudication of real estate due to "debt" in the debtor's non-habitual residence
Problematic adjudication of real estate due to "debt" in the debtor's non-habitual residence

The LEC allows the adjudication of non-habitual residence property for "debt", even if it is less than 50% of the value for which it would have been auctioned.

In spite of the above, there are some Courts and Land Registries that do not accept adjudication of non-regular habitation property for "debt", if the value is less than 50% of the value for which it would have been auctioned.

In our opinion, in case of adjudication of real estate of non-habitual residence of the debtor, the executor should not waive to request the adjudication for "debt", in the case that the amount of the same is lower than 50% of the appraised value.

In this note we explain why.

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