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Release of Mortgage
I need a release of mortgage document to formally discharge the mortgage on my property in Switzerland, ensuring all obligations have been fulfilled and the lender's claim is removed from the land registry. The document should comply with Swiss legal standards and include all necessary signatures and notarizations.
What is a Release of Mortgage?
A Release of Mortgage is a legal document that officially cancels your mortgage debt and removes the bank's claim on your property under Swiss law. When you've fully paid off your mortgage, your lender must provide this release, which proves you now own your property free and clear.
In Switzerland, this release document (also called 'L��schungsbewilligung' in German) must be registered with your local land registry office (Grundbuchamt). Once recorded, it removes the mortgage entry from the property's title and confirms that the lending bank no longer has any secured interest in your real estate. This step is crucial when selling property or refinancing with a new lender.
When should you use a Release of Mortgage?
You need a Release of Mortgage when you've fully paid off your Swiss mortgage loan or when selling your property to a new owner. This document becomes essential during property transactions, as Swiss law requires clear documentation that all previous mortgage claims have been settled before new ownership can be registered.
Getting this release is particularly important during refinancing with a different bank, property inheritance transfers, or when converting your property into a rental investment. Swiss cantonal land registries (Grundbuch��mter) require this document to update their records, and delays in obtaining it can hold up important real estate transactions or prevent you from using your property as collateral for other loans.
What are the different types of Release of Mortgage?
- Full Discharge Release: Completely cancels the mortgage and removes all claims when the loan is fully paid
- Partial Release: Removes the mortgage from only a portion of the property, often used when selling part of mortgaged land
- Certificate of Discharge (L��schungsbewilligung): The standard Swiss format used by most banks, includes property details and notarized confirmation
- Electronic Release: Digital version for cantons with e-filing systems, containing the same legal elements as paper releases
- Conditional Release: Used during property sales when the mortgage will be paid off at closing, becoming effective upon payment
Who should typically use a Release of Mortgage?
- Lending Banks: Issue the Release of Mortgage after confirming full loan repayment, prepare the official documentation, and coordinate with land registries
- Property Owners: Request and receive the release document, use it to prove clear title ownership, and submit it for property transactions
- Notaries: Authenticate the release documents, ensure legal compliance, and help facilitate registration with proper authorities
- Land Registry Officials: Process and record the release, update property records, and maintain official documentation
- Real Estate Agents: Coordinate the release process during property sales and ensure smooth transfer of ownership
How do you write a Release of Mortgage?
- Property Details: Gather exact property address, land registry number, and current mortgage registration details
- Loan Information: Collect original mortgage amount, final payment date, and bank's internal reference numbers
- Owner Information: Compile current owner's full legal name, address, and identification as registered with authorities
- Bank Details: Note the lending bank's official name, address, and authorized signatory information
- Documentation: Prepare proof of full payment, original mortgage contract, and current land registry extract
- Legal Requirements: Our platform ensures your Release of Mortgage meets all Swiss cantonal requirements and formatting standards
What should be included in a Release of Mortgage?
- Property Identification: Full legal description, land registry number, and exact property address
- Mortgage Details: Original mortgage amount, registration date, and mortgage contract reference number
- Release Declaration: Clear statement confirming full discharge of the mortgage and release of all claims
- Bank Authorization: Official bank name, authorized signatories, and confirmation of payment receipt
- Property Owner Data: Current owner's full legal details as registered with authorities
- Notarization Block: Space for official notary authentication required under Swiss law
- Registration Details: Instructions for land registry filing and reference to cantonal requirements
What's the difference between a Release of Mortgage and a Mortgage Agreement?
A Release of Mortgage is often confused with a Mortgage Agreement, but they serve distinctly different purposes in Swiss property transactions. While a Mortgage Agreement establishes the initial loan and property security relationship, a Release of Mortgage terminates these obligations.
- Timing and Purpose: Mortgage Agreements are created at the start of a loan, setting terms and conditions. Releases come at the end, after full repayment
- Legal Effect: Mortgage Agreements create a lien on property, while Releases remove this legal claim
- Required Information: Agreements detail payment schedules and interest rates; Releases focus on confirming debt satisfaction and property discharge
- Registration Requirements: Both need land registry filing, but Agreements establish new records while Releases remove existing entries
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