Does Article 34 of the Spanish Land Registration Act (re bona fide purchasers) cure a mortgage loan in breach of the prohibition on financial assistance?

In Judgment no. 1469/2026 of 22 September, the Supreme Court states, unequivocally, that Article 34 LH (re bona fide purchasers) cures the mortgage loan in breach of the prohibition on assistance. However, the correct answer is the opposite, even though the prohibited assistance is not an ‘event recorded in the Land Registry’.

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