Expiration of a mortgage in Poland

Expiration of the mortgage

Mortgages generally expire upon the expiration of the secured claim, unless a future legal relationship can be ensured by subsequent collateralised receivables. If the claim is due and the creditor is in default, the mortgage will expire if the property owner deposits the secured amount in a court deposit, waiving the right to withdraw it at the same time. The application for removal of such mortgage from the land and mortgage register should be accompanied by the final decision of the court authorizing the deposit, deposit payment slip and a statement of surrender of the right to receive it. If the mortgage is deleted from the land and mortgage register without a legal basis (for example, a mortgage), the mortgage expires after 10 years.

Claiming mortgage debt from a real estate

In case the debtor has not fulfilled his obligations, the mortgagee is satisfied by court enforcement proceedings. Therefore, the mortgagee can not sell or take over mortgaged property himself. In order to obtain a claim, the creditor must submit an application for enforcement together with an enforcement order to the bailiff. The basic way to obtain an executive title is to file a lawsuit against the landlord. The final judgment will be enforced by the court upon the request of the creditor.