The developer had obviously informed the bank that the charges on these apartments had to be notarized to be taken to the registry later. For various reasons, the bank did not cancel the charge at the registry. In 2010 the bank sued a foreclosing proceeding against the developer for non-payment of the mortgage loan, against the properties that the developer had not yet sold and even against the 4 aforementioned properties (remember that the mortgage charge still weighed on them). The bank adjudicated the immovables at auction. The company urged a nullity of proceedings in the mortgage procedure but was dismissed.

The company director came to our firm looking for a solution to his problem. What we did was to start an ordinary procedure urging the declaration of extinction of the mortgage and the consequent nullity of the adjudication. In the process we could prove that the mortgage charge in relation to these 4 apartments had been extinguished because it was economically cancelled. Finally the sentence declared the extinction of the mortgage and the consequent nullity of the adjudication. Our client recovered his properties free of charges.