SANTO DOMINGO. The National Directorate of Title Registration is authorized to require documents that allow proof of creditor status for anyone requesting the registration of a real estate lien, in accordance with the powers established in Law No. 108-05 of Real Estate Registration.
The registration authority may require the person seeking to register a lien to provide the necessary documentation to demonstrate that they possess the legal status that supports their actions regarding the registered property.
The documentation allows verification of the creditor's legitimacy
In this sense, the presentation of these documents allows the Registry of Titles to verify the legitimacy of the person who intends to register a property through an attachment.
Likewise, the National Directorate of Title Registration has the power to establish requirements related to registrations intended to prove the existence of real rights over registered properties, within the framework of its legal powers.
The criterion also contemplates that the agency may request the necessary supporting documents before proceeding with the registration of the lien, as part of the control mechanisms applied in the Real Estate Registry system.
The criterion was established by the Constitutional Court
The position was established by the Constitutional Court through ruling TC/0477/15, issued on November 5, 2015.
In this decision, the power of the Registry of Titles to verify that the person requesting a registration action related to a real estate lien has the necessary legal standing to do so is recognized.
Likewise, the ruling highlights the importance of ensuring that registry actions are supported by documents that allow verification of the rights and status of the individuals involved in these processes.
What must the creditor demonstrate to the Registry of Titles?
To better understand the topic, the Title Registry is a real estate seizure procedure; the individual or legal entity requesting a registration action must be able to demonstrate that they have the status of creditor, that is, that they possess a legitimate right to demand payment of the debt that supports the process.
To this end, the Registry of Titles may require documents that allow verification of the existence and legitimacy of the credit, as well as the legal relationship that links the creditor with the obligation claimed.
This verification allows the registry body to have the necessary elements to process the corresponding registration and keep the legal status of the property subject to the seizure up to date.
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