How To Get Away With Mortgages

The Court of Cassation, in its ruling no. 19123/2020, affirmed that the erroneous indication of cadastral data of a foreclosed property does not imply nullity of the deed as long as such error does not lead to absolute uncertainty as to the identification of the subject of the forced sale. Today, thanks to the recent statements of the Court of Verona in the first stage (ruling no. 695/2022), as later confirmed by the Court of Appeal of Venice (ruling no. 1156/2023), it is possible to finally draw the line on such "absolute uncertainty".

The mortgage, a fundamental guarantee instrument, has always enabled mortgage creditors, in the event of insolvency, to satisfy their claim with the profits arising from the sale of the mortgaged property, in preference to the debtor's other creditors. Having been created because of the need to protect the active party to the legal relationship from the possible inability of the debtor to fulfil its obligations, such institution is