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Discharge Of Mortgage Letter Template for Germany

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Key Requirements PROMPT example:

Discharge Of Mortgage Letter

"I need a Discharge of Mortgage Letter for a residential property in Munich, where Deutsche Bank has confirmed full repayment of the mortgage loan (€450,000) and needs to release their security interest by March 15, 2025."

Document background
The Discharge of Mortgage Letter is a crucial document in German real estate transactions, used when a mortgage has been fully repaid or when a property is being sold or refinanced. This document, formally known as a Löschungsbewilligung, must be prepared in accordance with German property law, particularly the regulations set forth in the German Civil Code (BGB) and the Land Registration Act (GBO). The Discharge of Mortgage Letter includes essential information such as the property details, mortgage registration information, and formal declaration of discharge. It is typically required by the land registry (Grundbuchamt) to remove the mortgage entry from the land register, thereby clearing the property's title. The document may need notarial authentication depending on specific requirements and circumstances.
Suggested Sections

1. Sender Details: Full name and address of the lending institution issuing the discharge

2. Recipient Details: Full name and address of the property owner(s) and/or their legal representatives

3. Property Identification: Precise legal description of the property including land registry details (Grundbuch information)

4. Mortgage Details: Specific details of the mortgage being discharged, including registration date, amount, and land register folio number

5. Discharge Declaration: Formal statement of discharge (Löschungsbewilligung) confirming the release of the mortgage

6. Authorization: Express authorization for the removal of the mortgage from the land register

7. Date and Signature: Official date and authorized signature(s) with proper authentication as required by German law

Optional Sections

1. Partial Discharge Details: Required when only a portion of the mortgage is being discharged or when dealing with multiple properties

2. Power of Attorney Reference: Required when the discharge is being executed by an authorized representative

3. Prior Correspondence Reference: Reference to previous communications or agreements regarding the discharge

4. Payment Confirmation: Confirmation of receipt of final payment, if the discharge is contingent on payment

5. Special Conditions: Any specific conditions or requirements that must be met for the discharge to take effect

Suggested Schedules

1. Original Mortgage Certificate: Copy or reference to the original mortgage certificate (Hypothekenbrief) if applicable

2. Land Register Extract: Recent extract from the land register (Grundbuchauszug) showing current mortgage registration

3. Payment Evidence: Documentation of final payment or satisfaction of the mortgage debt

4. Authentication Certificate: Notarial authentication of signatures if required by the land registry

5. Power of Attorney: If applicable, documentation authorizing representatives to act on behalf of the lending institution

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions















Clauses













Relevant Industries

Banking

Real Estate

Financial Services

Legal Services

Mortgage Lending

Property Development

Construction

Housing

Relevant Teams

Legal

Real Estate

Mortgage Operations

Loan Administration

Property Management

Banking Operations

Document Management

Compliance

Risk Management

Relevant Roles

Mortgage Officer

Real Estate Lawyer

Banking Manager

Property Manager

Legal Counsel

Loan Officer

Real Estate Agent

Notary Public

Land Registry Officer

Property Administrator

Banking Operations Manager

Mortgage Administrator

Real Estate Transaction Manager

Industries






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