How do you remove a mortgage from the land and mortgage register (księga wieczysta)?

Mortgage – the word sounds frightening to people who decide to buy a property, yet there is a way to remove a mortgage from the land and mortgage register (księga wieczysta). If you have to face this problem – read our guide, in which we look at it more closely.

• How to remove a mortgage from the land and mortgage register – the procedure laid down by Polish law
• Document confirming repayment of the mortgage debt
• Visit to the court and filling in the form
• Paying the appropriate fee
• Assembling all the annexes

How to remove a mortgage from the land and mortgage register – the procedure laid down by Polish law

First of all, you should know that it is not enough just to repay the mortgage encumbering the given flat or house in order to remove the mortgage from the land and mortgage register. For the mortgage debt to stop being a problem for you, you must take further steps. These are laid down in Polish law. Article 100 of the 1982 Act on land and mortgage registers describes the matter as follows: "where a mortgage expires (which occurs when the loan is repaid), the creditor is obliged to carry out all actions enabling the mortgage to be removed from the land and mortgage register". This provision means that you must take further action to free yourself of the problem. What exactly do you have to do?

Document confirming repayment of the mortgage debt

Once you have repaid the mortgage debt, pay a visit to the bank that granted you the loan to buy the house or flat. You must ask for a document confirming that you have repaid your debt. Such a statement must contain:

• the debtor's details,
• the number of the land and mortgage register in which the mortgage is entered,
• the title of the mortgage debt together with the amount of the debt,
• confirmation that the debt secured by the mortgage has been repaid in full,
• consent to the removal from the land and mortgage register of the mortgage together with all entries relating to it.

This statement, issued by the bank, must be signed by two persons representing it. Where the creditor is not a bank, the removal of the mortgage from the land and mortgage register must be confirmed by a notary.

Visit to the court and filling in the form

With the document confirming repayment of the debt in hand, you must take the next step in order to remove the mortgage from the land and mortgage register. Use the KW-WPIS form, that is, the application for an entry in the land and mortgage register. Once completed, it must be submitted to the District Court competent for the place where the property is located. In this document you request that the mortgage entry be removed from the land and mortgage register. The necessary form is available on the Ministry of Justice website or at the Land and Mortgage Registers Division of the competent District Court. While filling it in, it is worth asking for help and making sure that you have entered the land and mortgage register number and the mortgage amount correctly. All entitled applicants should sign this document.

ALSO CHECK HOW TO CORRECT INCORRECT DATA IN A LAND AND MORTGAGE REGISTER

Paying the appropriate fee

Once you have completed all the documents mentioned, you still have to pay the appropriate administrative fee. For removing a mortgage from the land and mortgage register it is 100 PLN. For this amount you will receive court fee stamps, which must be stuck onto the application you submit.

CHECK PROPERTY LISTINGS IN TYCHY!

Assembling all the annexes

Finally, check that you have all the necessary documents and certificates. You must have the statement of repayment of the debt, the application for removal of the mortgage from the land and mortgage register and confirmation of payment of the court fee.

Assembling all the documents needed to remove a mortgage from the land and mortgage register is quite time-consuming. In some situations it can also be problematic, so it is worth enlisting the help of professionals. In difficult cases REMAX Gold's experts will help. Thanks to their professional knowledge they will efficiently and quickly do everything necessary for the mortgage to be removed from the land and mortgage register.