Verified on 02 Jun 2022 – Directorate of Legal and Administrative Information (Prime Minister)
Yes, it is possible to lift the mortgage on real estate.
This request is necessary in one of the following situations:
-
When you sell your property without having repaid your property loan in full
-
When you sell your property before the end of the registration of the mortgage, the duration of which corresponds to the initial duration of your credit, to which must be added 1 year
-
Sometimes when you repurchase your home loan with another bank
The request for mortgage release can be made in agreement with your bank, or, if no agreement is possible, by court order.
1. Request for agreement with your bank
This agreement must take the form of an authentic deed made by a notary.
The costs of this procedure are your responsibility.
The notary then presents this release document to the land registration service concerned.
This service then cancels the mortgage registration.
2. In case of bank refusal: request to court
When your bank refuses the release, you must request a judicial mortgage.
To do this, you must contact the judicial court responsible for the land registration service where the mortgage is registered.
The judicial court then decides whether or not to authorize the lifting of the mortgage.