Authorization to cancel a mortgage: Is your bank refusing or delaying the issuance?
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Delete mortgage – for a home free of encumbrances
In order to have a mortgage registered in the land register removed, a Deletion authorization This is a declaration by the lienholder – usually the bank – to the owner that the registered security interest is waived. This usually occurs once the loan has been fully repaid.
Only with this approval can the mortgage be deleted from the land register. This is particularly important for owners who wish to sell their property unencumbered.
The bank is obligated to grant the cancellation authorization free of charge. The owner only bears the notary and land registry fees incurred in connection with the cancellation.
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3Authorization to cancel land charge: If the bank blocks
Banks are usually the creditors of mortgages registered in the land register—usually in the form of a land charge. In order to delete a lapsed land charge, their consent to deletion is required. For owners, this is an important step in ensuring their property is registered in the land register free of encumbrances.
In some cases, however, banks may delay or even refuse to grant approval without good reason. You do not have to accept such delays. Any resulting financial disadvantages can be claimed from the bank.
An experienced lawyer in banking law will support you in enforcing your claims and achieving the cancellation of the mortgage in a legally secure manner.
Legal support in enforcing a deletion authorization
The legal basis for the cancellation of a land charge can be found in Section 875 of the German Civil Code (BGB). Therefore, it is advisable for property owners and borrowers to consult a lawyer specializing in banking law when the cancellation of a land charge is pending. This lawyer can explain the legal framework, clarify existing claims, and provide advice and representation throughout the entire cancellation process.
Upon request, a lawyer will fully prepare the application for deletion and submit it to the land registry. This process takes into account both the amount of the mortgage and all details recorded in the land register to ensure a legally compliant process.
Client experiences: Banks with frequent delays
According to the experience of numerous clients, delays in issuing deletion authorizations are repeatedly encountered, particularly at the following credit institutions:
- Deutsche Bank AG
- Postbank (branch of Deutsche Bank AG)
- DSL Bank
- Commerzbank AG
- DZ Bank AG
- KfW Banking Group
- Landesbank Baden-Württemberg (LBBW)
- Bavarian State Bank (BayernLB)
- Norddeutsche Landesbank (Nord/LB)
- UniCredit Bank AG (HypoVereinsbank)
- Frankfurter Volksbank
- Deutsche Pfandbriefbank AG
- TARGOBANK
- ING Germany
- Santander Consumer Bank AG
- German Pharmacists and Doctors Bank (apoBank)
- Berlin Savings Bank
If you have difficulties with one of the banks mentioned, a lawyer experienced in banking law can help you consistently request deletion authorization and effectively enforce your rights.
Lawyer enforces deletion consent from bank
A lawyer experienced in banking law can write directly to the bank to request its consent to cancel the mortgage. Such a letter not only clarifies the owner's legal claim but also informs the bank of the potential consequences in the event of an unjustified refusal. This approach demonstrates determination and increases the chances that the bank will grant the cancellation authorization promptly.
Before the lawyer takes action, the bank is usually officially notified of default. If a delay or rejection occurs, the bank is obligated to cover the out-of-court legal fees. This compensates property owners for unnecessary expenses and makes enforcing the discharge of a mortgage much easier.
If the bank continues to refuse consent despite a request, the property owner has the option of enforcing the deletion authorization in court.
According to Section 875 of the German Civil Code (BGB), it is possible to file a lawsuit to legally enforce the bank's consent to the cancellation of the mortgage. In this case, it is advisable to engage a specialized lawyer to initiate legal proceedings on your behalf.
Such a lawsuit is usually the last step in having a registered mortgage finally deleted and the property released from the mortgage amount.
Contact our law firm – we will support you reliably
If your bank delays or refuses to issue a cancellation authorization, you're not alone—many property owners and borrowers have similar experiences. Such delays can cause unnecessary costs and significantly delay the entire process.
A lawyer experienced in banking law knows the legal hurdles and will competently guide you through the entire process. Our firm offers you a first non-binding and free telephone consultation Together, we will clarify your situation and discuss the necessary steps to have the mortgage removed from the land register quickly and legally.
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