News

REAL ESTATE, NEXUS GROUP, INFORMA

This Friday, September 3, one of the legal articles considered most unfair in the real estate market disappears; Article 28 of the Mortgage Law. For many years it has made it difficult for non-direct heirs to sell a house up to two years after the owner's death in case an illegitimate child appears. For practical purposes, the sale was registered in the Property Registry, but there was a preventive notation that it was subject to the clause of article 28. After two years it was already known that the property was free. Now any sale and purchase operation subject to this limitation will be free, that is, it is retroactive.

With the outbreak of the pandemic, many buyers have shown interest in buying an inherited home affected by this article 28 of the Mortgage Law. And many of these operations have not gone ahead due to the risk they entail for the buyer, since, if the property were claimed by the forced heir in the two years after the purchase, the buyer could not refuse to return it. But in return, the buyer should continue to pay the mortgage granted by the bank. As of September 3, this article disappears, as has been published in the BOE through Law 8/2021, of June 2, which reforms civil and procedural legislation to support people with disability in the exercise of their legal capacity. Now the heir to a home is the direct owner, regardless of the degree of kinship that he maintains with the deceased.

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