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Release Of Liability Mortgage Template for Germany

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Key Requirements PROMPT example:

Release Of Liability Mortgage

"I need a Release of Liability Mortgage document under German law for a commercial property in Berlin, where Deutsche Bank AG is releasing ABC GmbH from all mortgage obligations following full repayment of the loan, with the release to be effective from March 15, 2025."

Document background
A Release of Liability Mortgage document is essential in German real estate transactions when a party needs to be discharged from mortgage obligations. This document is commonly used in property sales, refinancing situations, or when restructuring mortgage arrangements. It must comply with strict German legal requirements, including those set forth in the Bürgerliches Gesetzbuch (BGB) and Grundbuchordnung (GBO). The document specifies all relevant property details, the scope of the release, and includes necessary authorizations for updating the land register (Grundbuch). Given the formal nature of German property law, the Release of Liability Mortgage must typically be notarized and contain specific declarations required for land registry purposes.
Suggested Sections

1. Parties: Identification of all relevant parties: the mortgagee (typically a bank or financial institution), the mortgagor (property owner), and any guarantors or other obligated parties being released

2. Background: Details of the existing mortgage relationship, including the original mortgage agreement date, registration details in the Grundbuch (land register), and the current outstanding amount

3. Definitions: Key terms used in the document, including 'Mortgage', 'Property', 'Release Date', and any specific German legal terms

4. Property Details: Specific identification of the property/properties subject to the mortgage, including land register details (Grundbuch information)

5. Release Declaration: Formal statement of release from the mortgage liability, including the exact scope of the release and effective date

6. Land Register Authorization: Express authorization for the removal of the mortgage from the land register (Grundbuch)

7. Representations and Warranties: Statements confirming the authority to grant the release and the validity of the release

8. Execution Requirements: Formal requirements for document execution, including notarization requirements and registration procedures

Optional Sections

1. Partial Release Terms: Required when only part of the mortgage liability is being released or when only certain properties from a multiple-property mortgage are being released

2. Consideration: Required when the release is granted in exchange for specific payment or other consideration

3. Conditions Precedent: Required when the release is subject to certain conditions being met before becoming effective

4. Surviving Obligations: Required when certain obligations or liabilities are to survive the release

5. Tax Provisions: Required when there are specific tax implications or requirements related to the release

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property/properties, including all relevant land register (Grundbuch) details

2. Original Mortgage Details: Copy or extract of the original mortgage registration and key terms

3. Authorization Documents: Copies of power of attorney or corporate authorizations for executing the release

4. Payment Confirmation: If applicable, documentation confirming any required payments or satisfaction of the mortgage debt

Authors

Alex Denne

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

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Relevant Industries

Banking

Financial Services

Real Estate

Legal Services

Property Development

Construction

Property Management

Relevant Teams

Legal

Real Estate

Mortgage Operations

Compliance

Risk Management

Credit Administration

Property Services

Document Management

Client Relations

Relevant Roles

Mortgage Advisor

Real Estate Lawyer

Property Manager

Banking Officer

Legal Counsel

Compliance Officer

Real Estate Agent

Title Officer

Loan Officer

Risk Manager

Property Developer

Notary Public

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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