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Mortgage Release Deed

Mortgage Release Deed Template for Germany

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Key Requirements PROMPT example:

Mortgage Release Deed

"I need a Mortgage Release Deed for a commercial property in Munich, where Deutsche Bank is releasing a €2.5 million mortgage in full, with the release to be effective from March 15, 2025."

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Document background
The Mortgage Release Deed (Löschungsbewilligung) is a crucial document in German real estate transactions and property financing. It is used when a mortgage has been fully repaid or when a property is being sold and existing mortgages need to be cleared. The document must comply with German Civil Code (BGB) requirements and land registry regulations. It includes specific details about the property, mortgage registration, and authorization for deletion from the land register. This deed is essential for maintaining accurate property records and ensuring clear title to real estate in Germany. The document requires notarization and must be executed by authorized representatives of the mortgagee, making it a formal legal instrument with significant property law implications.
Suggested Sections

1. Parties: Identification of the mortgagee (typically bank) granting the release and the property owner

2. Background: Brief recital of the original mortgage, its registration details, and the reason for release

3. Definitions: Key terms used in the deed, including property description, mortgage details, and land registry references

4. Release Declaration: Formal declaration of the release of the mortgage and consent to its deletion from the land register

5. Property Details: Specific details of the property including land registry office, folio number, and cadastral details

6. Mortgage Details: Details of the mortgage being released, including registration date and amount

7. Authorization: Authorization for the land registry to process the deletion

8. Execution Requirements: Notarization requirements and execution formalities under German law

Optional Sections

1. Partial Release Provisions: Required when only part of the mortgage is being released

2. Conditions Precedent: Include when the release is subject to specific conditions being met

3. Cost Provisions: Include when there's a need to specify who bears the costs of the release process

4. Successor Rights: Include when dealing with inherited or transferred property rights

5. Priority Declarations: Required when there are multiple mortgages and priority issues need to be addressed

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including all relevant land registry details

2. Mortgage Registration Details: Complete details of the mortgage registration including section, folio numbers, and amount

3. Power of Attorney: If applicable, authorization documents proving the signatory's authority to execute the release

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Banking

Real Estate

Financial Services

Legal Services

Construction

Property Development

Mortgage Lending

Property Management

Housing Associations

Public Housing

Relevant Teams

Legal

Real Estate

Mortgage Operations

Credit Administration

Property Finance

Compliance

Risk Management

Transaction Management

Document Management

Property Services

Relevant Roles

Real Estate Lawyer

Banking Lawyer

Property Manager

Mortgage Officer

Bank Manager

Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Property Finance Manager

Notary Public

Land Registry Officer

Credit Risk Manager

Real Estate Portfolio Manager

Industries







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