Can we get a mortgage?

Verified 02 June 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, it is possible to raise the mortgage on a property.

This request is required in one of the following situations:

  • When you sell your property without having repaid your mortgage in full
  • When you sell your property before the end of the registration of the mortgage, the duration of which corresponds to the initial duration of your credit, to which must be added 1 year
  • Sometimes when you buy your mortgage from another bank

The request for release mortgages can be agreed with your bank, or, if no agreement is possible, by court order.

1. Seeking agreement with your bank

This agreement must take the form of a authentic instrument made by a notary.

The costs of this act are at your expense.

Who shall I contact

The notary then presents this act of release the land advertising department concerned.

That service then deletes mortgage registration.

2. In the event of refusal by the bank: application to the court

When your bank refuses release, you must request a court mortgage.

To do so, you must contact the court of law on which the property advertising service where the mortgage is registered depends.

The court then decides whether or not to allow the mortgage to be lifted.

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