What does this regulate?
01 · UNDERSTAND
The repayment of a loan and the cancellation of a mortgage registration are separate actions. With a discharge, the creditor agrees to release the relevant registration, after which the required formalities follow.
Upon a sale, it often needs to be arranged that the buyer obtains the property free from the relevant mortgage. We coordinate the settlement and release with the lender. Sometimes only part of the collateral is released.
A RECOGNISABLE SITUATION
You sold a property for which the loan was repaid years ago. A verification can still show a registration. The discharge rectifies the formal situation.
What requires attention?
02 · CHOOSE CONSCIOUSLY
Do not rely solely on a zero balance in your banking app. The legal status of the registration and the bank’s conditions must be checked separately.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Is the property being sold or do you only want the registration deleted?
Provide the reason and desired timing. Submit the loan agreement and any sales contract so that it is clear which registration must be examined.
Are there any other debts secured by the same collateral?
Ask the lender which obligations are covered by the guarantee. Also provide information on other credits that may be connected to it.
Must the entire property or only part be released?
Precisely indicate the relevant property or part on a plan. Check which permissions are needed to release that part correctly.
Is there sufficient money available for repayment and costs?
Request a recent settlement from the lender and an estimate of costs. Compare these with the available funds or sale proceeds.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Details of the lender and credit reference
To request a correct settlement and consent.
Deed of ownership and loan agreement
To identify the relevant registration and collateral.
Sales details or reason for the release
To determine timing and scope of the discharge.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We request the necessary information from the creditor, check the release conditions, and handle the deed and cancellation. The cost is included in the settlement or estimate in advance.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
Statutory tariff where legally established
For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.
You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.
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Substantive background: notaris.be · Cancellation of a mortgage
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.