Implicaciones de la vinculación del acreedor hipotecario dentro del proceso verbal de pertenencia

Abstract

To date, there are three competing theses on the interference of the mortgage creditor within the parting process, one of which is framed in indicating that the parting process achieves the cancellation of the mortgage lien, therefore the creditor would have no option to preserve the real guarantee; The second thesis focuses on pointing out that the cancellation of the mortgage lien can only be achieved as long as the mortgage is prescribed, otherwise when the property is awarded to the possessor, he must assume the mortgage lien, as he wanted the accessory to follow. luck is the main thing; and a third thesis indicates that creditors do not have a role within the parting process to which they must attempt in a separate process the execution and auction of the property.