How to remove a mortgage from the land and mortgage register?
The day of complete repayment of the mortgage is an important moment for every borrower. Awareness of dealing with often a large financial commitment gives a sense of relief. It is worth remembering that the mere fact of loan repayment does not release our property from the bank’s mortgage.
You should also take care of removing the mortgage from the land and mortgage register. To apply for the mortgage to be removed from the land and mortgage register, several formalities must be completed, including obtaining consent from the lender, completing the form and paying a specific fee. How to do it? We present step by step!
Certificate of loan or loan repayment
The debt repayment certificate should contain the following information:
- debtor’s details,
- in which the mortgage entry appears
- mortgage title, including amounts due,
- confirmation that the debt secured by the mortgage has been repaid in full,
- consent to remove the mortgage from the land and mortgage register.
The certificate issued by the bank should be signed by two authorized persons representing the bank. If the lender is not a bank, the statement should be confirmed by a notary’s signature.
Application for deletion of a mortgage from the land and mortgage register
When we already have a loan repayment certificate, we can go to the District Court for the location of the property and submit a request to remove the mortgage from the land and mortgage register.
Application for entry in the land and mortgage register, which can be downloaded from the website of the Ministry of Justice or the Land and Mortgage Register Department of the District Court. In case of doubt or ambiguity, it is worth seeking advice from a court employee.
Important! When completing the application, particular attention should be paid to the number of the land and mortgage register and its correctness, as well as to the amount of debt.
After completing all formalities in court, you must pay a fee, which will inform the court employee. This amount is about PLN 100.
Payments can be made:
- via electronic court fee signs, which can be downloaded at the court’s counter or via the website: https://oplaty.ms.gov.pl/. Remember to print the characters and attach them to the application
- by transfer to the court’s bank account, specifying in the title the number of the land and mortgage register and information that the amount paid relates to the removal of the mortgage from the given land and mortgage register
- at the court ticket office
Deleting a mortgage from the land and mortgage register application
Remember to attach to the application:
- bank repayment certificate,
- confirmation of payment of the court fee,
In some cases, the court also requires proof of identity to ensure that the persons signing the declaration are authorized to represent
Deleting a mortgage from the land and mortgage register – how long does it take?
To delete a mortgage entry from the land and mortgage register, you must have a set of correctly completed documents. The time at which the entry is deleted depends primarily on how the land and mortgage register court operates. The deadline is usually from a few days to even several months.
The preview of the case can be monitored usually on the court’s website. After removing the mortgage from the land and mortgage register, the bank informs by letter that the case has been completed.