Cancellation of a mortgage registration

Once a mortgage has been extinguished, its entry should be cancelled in the property registers. The law provides for cancellation in four situations. First, the creditor may consent in writing, with their signature certified by a notary (Article 179(1) of the Obligations and Contracts Act and Article 19(1) of the Registration Rules). Second, a mortgage entry may be cancelled on the basis of a final court judgment ordering cancellation (Article 179(1) of the Act and Article 19(1) of the Rules). Third, if ten years have passed since registration without renewal, any interested person, including the property owner, the debtor or another creditor, may apply for cancellation (Article 22 of the Rules). Finally, under Article 175 of the Act, a public auction of the immovable property extinguishes the mortgages over it, subject to the possibility that the buyer assumes the mortgage. The buyer may request cancellation by showing the registration judge that the sale took place and that the buyer did not assume the mortgage.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a lawyer practising in civil law.