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Mortgage Lien Release Form for Germany

Mortgage Lien Release Form Template for Germany

A German Mortgage Lien Release Form (L枚schungsbewilligung) is a formal legal document used in German property law to remove a mortgage lien from the land register (Grundbuch). This document must comply with German Civil Code (BGB) requirements and Land Registry Act (GBO) regulations. It contains specific declarations from the mortgage holder confirming their consent to remove the registered mortgage charge, along with detailed property and mortgage identification information. The document requires notarization and must meet strict formal requirements for acceptance by the German land registry office.

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What is a Mortgage Lien Release Form?

The Mortgage Lien Release Form (L枚schungsbewilligung) is a crucial document in German real estate transactions and mortgage satisfaction processes. It is typically used when a mortgage has been fully repaid, during property sales, or in refinancing situations where an existing mortgage needs to be removed from the land register. The document must include specific details about the property from the land register (Grundbuch), the mortgage being released, and a formal declaration from the mortgage holder. Under German law, this document requires notarization and must be submitted to the land registry office (Grundbuchamt) for the official removal of the mortgage from the property records. The form serves as the legal basis for updating the land register and is essential for maintaining clear property titles in the German real estate system.

What sections should be included in a Mortgage Lien Release Form?

1. Property Identification: Detailed description of the property including land registry details (Grundbuch), plot number (Flurst眉ck), and address

2. Mortgage Details: Specific details of the mortgage being released, including registration date, amount, and rank in the land register

3. Declaration of Release: Formal statement declaring the release of the mortgage lien (L枚schungsbewilligung)

4. Execution Requirements: Statement regarding notarization requirement and execution formalities

5. Authorization: Authorization for the land registry office to remove the mortgage from the register

What sections are optional to include in a Mortgage Lien Release Form?

1. Partial Release Statement: Only required when releasing a portion of the mortgage while maintaining the remainder

2. Power of Attorney: Required when the release is being executed by an authorized representative rather than the mortgage holder directly

3. Consideration Statement: Statement confirming that all payments have been received, if required by the mortgage holder

4. Priority Notice: Required when there are multiple liens and the release affects the ranking of other encumbrances

What schedules should be included in a Mortgage Lien Release Form?

1. Land Register Extract: Current extract from the land register (Grundbuchauszug) showing the mortgage registration

2. Property Map: Required for partial releases to clearly identify the portion of property being released

3. Authorization Documents: Copies of power of attorney or corporate resolutions authorizing the release, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Release of Lien

Cost

Free to use

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