The Mortgage House Discharge Form (L枚schungsbewilligung) is a critical document in German real estate transactions used when a property owner has fully repaid their mortgage or when transferring property ownership. This document is required by German law to formally release a property from a mortgage encumbrance registered in the land register (Grundbuch). It must be prepared in accordance with the German Civil Code (BGB) and Land Registration Code (GBO), requiring notarization before submission to the land registry office. The document is typically needed in scenarios such as property sales, refinancing, or after complete mortgage repayment. It includes specific details about the property, mortgage, and participating parties, and serves as the legal basis for removing the mortgage entry from the land register.
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1. Identification of Parties: Details of the mortgage lender (including full legal name, registration details for institutions) and property owner
2. Property Details: Precise legal description of the property as registered in the land register, including land registry office, folio number, and cadastral details
3. Mortgage Details: Specific details of the mortgage to be discharged, including registration date, amount, and rank in the land register
4. Discharge Declaration: Formal declaration by the lender consenting to the discharge of the mortgage
5. Authorization: Explicit authorization for the land registry to remove the mortgage entry
6. Execution Block: Space for notarization and signatures, including date and place of execution
1. Partial Discharge Details: Required when only part of the mortgage is being discharged, specifying the exact amount and portion being released
2. Multiple Lender Provisions: Required when there are multiple lenders involved, specifying the relationships and authorizations between them
3. Power of Attorney Reference: Required when the discharge is being executed by an authorized representative rather than the primary lender
4. Priority Notice Discharge: Required when there is also a priority notice (Vormerkung) to be discharged along with the mortgage
1. Land Register Extract: Current extract from the land register showing the mortgage registration (Grundbuchauszug)
2. Notarial Authentication: Official notarial certification and authentication of the discharge
3. Power of Attorney Document: If applicable, the document proving authorization for representatives acting on behalf of the lender
4. Property Map: Required for partial discharges affecting specific portions of the property
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