What is the special legal mortgage of the money lender?

Verified 03 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Since 2022, the lender's special legal mortgage has replaced the money lender's lien, which can no longer be registered.

The special legal mortgage of the lender of money can be used by the bank, when it grants you a mortgage.

It can be used to guarantee the purchase of an existing property (house, apartment, land), but not financing works, nor a purchase in the future state of completion (Vefa).

It allows the bank to sell your property, if you do not repay your credit.

FYI

The bank does not need your consent to use this type of mortgage.

The special legal mortgage of the lender of money must be registered by the notary with the property advertising service (ex-conservation of mortgages). It's up to you to pay for it.

The special legal mortgage of the lender of money is recorded during the term of the mortgage, plus 1 year.

Registration ends automatically (no fees and no procedures to be taken), 1 year after the last mortgage repayment due. This is the last repayment due date, as indicated when the mortgage was registered.

If you want to obtain a mortgage before that time limitNo, you have to claim it.

You will then have a release to be paid. The amount of these fees depends on the value of the original credit.