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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."
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
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
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
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