deletion of mortgages in the land register

Prerequisites

• If you want to have the mortgage deleted, you must actively apply for this. It will not be deleted automatically when the loan debt is paid off.
• You must be registered as the owner in the land register.
• The creditor must be registered with the respective right in the land register. If it is a right with a land charge mortgage deed, the creditor must be registered on the deed.

Documents required

• Application

Either you or the notary authorized by you must submit the written application for registration. The application can also be submitted by the lender (bank).
The application must make it clear who is making the application, which right and which content is to be deleted

• consent of the owner

As the owner, you must agree to the deletion. This declaration must be certified by a notary.

• declaration of abandonment by the creditor

The creditor (for example the bank or credit institution) must provide the consent to deletion. The signatures must be notarized. For banks that have a seal, only the seal with signatures is required.
Here, too, the right must be correctly identified and consistent with the application.

• In the case of letter rights

The original copy of the letter (land charge deed or mortgage deed).

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• You or the lender (creditor) submit the written application for deletion of the mortgage in your land register to the land registry office responsible for you.
• As the owner, you must submit your consent to the deletion. You must have this declaration certified by a notary. To do this, visit a notary!
• the creditor (the credit institution) must give consent to the cancellation (declaration of surrender). The signatures must be notarized. For banks that use a seal, only the seal with signatures is required.
• If a land charge or a mortgage deed is registered in the land register, the land charge or mortgage deed must be attached to the cancellation application.
• The land registry office will check your documents and request additional documents if necessary.
• If all documents and requirements are met, the land registry office will enter the cancellation of the mortgage in the land register.
• You and the mortgage creditor will be informed about the entry of the deletion.

Processing time

The processing time depends on the respective land registry office.

Fees

Half the fee according to the value of the mortgage, No. 14140 KV to the GNotKG, Section 34 GNotKG (Appendix 2 Table B).

Legal remedies

In principle, an appeal can be lodged against any decision of the land registry office.

Legal basis

§ 27 of the Land Register Act (GBO)

§ 29 of the Land Register Act (GBO)

§ 30 Land Register Act (GBO)

§ 41 Land Register Act (GBO)

§ 42 of the Land Register Act (GBO)

§ 1179a, b, German Civil Code (BGB)

§ 1192 of the German Civil Code (BGB)

§ 1196 of the German Civil Code (BGB)

§ 34 (Table B) Law on the Costs of Voluntary Jurisdiction for Courts and Notaries (§ 34 GNotKG)