Answers for property owners
My property has an attachment (embargo) registered: can I sell it?
An attachment in the Land Registry does not close the sale, but it demands method: it is paid from part of the price and cancelled on the same day.
SHORT ANSWER
A property with attachments can be sold if the debt is paid with the sale proceeds and the attachment is cancelled in the Land Registry. For attachments by authorities, a payment letter (carta de pago) is used; for judicial ones, a cheque to the creditor and a cancellation order from the judge. A lawyer is essential.
IN THIS ARTICLE
This article covers only attachments on the property itself, not those on salaries, accounts or other assets. It is the perspective of the seller and of the buyer who wants to buy safely.
What an attachment on a property is
It is a legal action on a property to cover an outstanding debt. In Spain it can come from a court order or from an administrative act of a local, regional or national public authority. Both the court and public bodies can order the seizure of the debtor's assets to settle the debt, and sell non-cash assets at auction.
Attachment by a public authority
Most come from debts to the Spanish Tax Agency (Agencia Tributaria), to Social Security or to the town hall (IBI, refuse charges, plusvalía municipal, the municipal capital gains tax). To cancel it:
- Obtain from the authority the payment letter (carta de pago) with the total debt (principal, interest and costs) at the date of signing.
- Deduct that amount from the money to be paid to the seller at the notary, and have it recorded in the deed.
- The payment letter has a deadline for paying without additional interest: after the signing there are a few days to pay it.
- Pay at one of the banks listed on it and keep the receipt.
- The authority issues the cancellation order (mandamiento de cancelación) for the Land Registry, which cancels the attachment on receiving it.
- It is advisable to retain part of the price to cover the costs of the cancellation process.
Attachment by court order
It comes from the enforcement of a judgment for a payment obligation that the debtor did not meet voluntarily. To cancel it:
- The seller or their lawyer contacts the creditor to obtain a document stating the total debt, with interest and costs, at the date of signing.
- One of the cheques for the payment to the seller is issued in favour of the creditor for that amount. The creditor collects it at the notary and signs that the debt has been paid.
- At the notary, the creditor submits a written request, signed by their lawyer and court procurator, asking the court to lift the attachment. It is also advisable for them to undertake not to claim anything further.
- With that, the judge issues the cancellation order for the Land Registry, which cancels the attachment on receiving it.
See also tax charges, cancelling the mortgage and IBI debt. Always consult your lawyer.
Frequently asked questions
Can someone buy a property with an attachment?
Yes, with complete safety if it is cancelled at the time of signing with part of the price and with legal advice.
Who pays the debt?
It is paid from the seller's money, with a cheque or payment letter, on the day of signing or in the following days if the payment letter allows it.
When does the attachment disappear from the Land Registry?
When the Land Registry receives the cancellation order from the authority or the judge.
What is it advisable to retain from the price?
An amount to cover the costs of the cancellation process, in addition to the debt.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Land Registry (Registro de la Propiedad); Civil Procedure Law (Ley de Enjuiciamiento Civil); General Tax Law (Ley General Tributaria). Last updated: 24 October 2026.
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