Deletion of the debtor from the land and mortgage register and enforcement from real estate in the light of the resolution of the Supreme Court of November 27, 2020
On November 27, 2020, the Supreme Court – Civil Chamber issued in the case with reference number: III CZP 83/19 a resolution in which he stated that:
1. Deletion of an entry of ownership for the debtor from the land and mortgage register as a result of a judgment granting an action to reconcile the content of the land and mortgage register with the actual legal status does not render the foreclosure inadmissible due to its subject matter (article 824 § 1 point 2 of the Code of Civil Procedure).
2. The owner of real estate not entered in the land and mortgage register, whose right has been violated by directing enforcement to that real estate, is entitled to an action for exemption from enforcement (article 841 § 1 of the Code of Civil Procedure).
Consequently, if the enforcement proceedings are directed against real estate, the ownership of which is assigned to the debtor in the land and mortgage register, deletion from the land and mortgage register of the entry of the debtor’s ownership in connection with the judgment regulating the legal status of the land and mortgage register – in the course of enforcement – does not render such enforcement inadmissible by law, however, the owner of the property may bring an action for release it from enforcement.