Release or waiver of mortgage: what is it?

We all know directly or indirectly these disputes existing in the context of the day-to-day management of a real estate contract or a contract of any other nature and which would give rise to a dispute requiring reimbursement. Disputes resulting in a release and / or mortgage situation . A current situation, which concerns many French people today, but a situation that many do not manage to fully understand. It is indeed difficult to distinguish the major differences between two legal concepts sometimes considered to be vague.

What are the real differences between a discharge and a mortgage? All the answers to these questions, and more, in the rest of this article and nowhere else.

The lifting of mortgage

Release in a few words

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We speak of release when, through a specific document, a person who has won the case after one or more specific transactions (attachment-attribution, mortgage registration, protective measure or even enforcement measure) considers satisfied. This same person therefore waives the obligation which then weighed on another natural or legal person as soon as the Law has been respected. It should be noted that the release can be automatic from the moment when the Law provides that, for example, as soon as a debt is paid, the release comes into effect to put an end to the existence of a specific obligation . A legal concept that is ultimately simple to understand but actually close to the one we will see in the rest of this article: the lifting of a mortgage.

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The mortgage lifting in a few words

The lifting of mortgage is distinguished from the release in the sense that it concerns, logically, only the cases of mortgage of goods of all kinds. Where waiver can be applied in many cases, waiver of mortgage has only ultimately limited scope. In order to guarantee a loan or a debt for his creditor, the debtor who has his property mortgaged can then immediately waive this obligation in two cases: he has sold it definitively before the end of the repayment of the loan and / or he succeeds in repay the loan early. Automatically, and whatever the outcome chosen, we speak of mortgage lifting : the creditor has received the full expected repayment.

Release or waiver of mortgage: what is it?
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