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Mortgage Release
I need a mortgage release document to officially discharge the lien on my property after the full repayment of the mortgage loan. The document should include details of the original loan, confirmation of full payment, and the lender's acknowledgment of the release of the mortgage.
What is a Mortgage Release?
A Mortgage Release is a legal document that officially cancels a property loan obligation in Indonesia. When you fully repay your mortgage, your bank or lender must provide this release, which proves the debt has been cleared and removes their claim on your property. Under Indonesian Civil Code Article 1381, this release effectively terminates the mortgage agreement.
The release must be registered with the National Land Office (BPN) to update public records and confirm your full property ownership. This step is crucial for property sellers, as buyers typically need proof that the property is free from any mortgage liens. Banks usually handle the release process, though property owners can also initiate it through their notary.
When should you use a Mortgage Release?
Get a Mortgage Release as soon as you've fully paid off your property loan in Indonesia. This document becomes essential when you're planning to sell your property, refinance with a different bank, or need to prove clear ownership. Indonesian law requires lenders to provide this release within 14 working days after final payment.
The release is particularly important during property transactions, as buyers and their banks need proof that the property is free from existing mortgage claims. You'll also need it when applying for new construction permits, subdividing land, or merging property titles with the National Land Office (BPN). Getting this document promptly helps avoid delays in future property dealings.
What are the different types of Mortgage Release?
- Standard Release (Roya): The most common type issued by banks after full loan repayment. Contains basic loan termination details and property information.
- Partial Release (Roya Parsial): Used when releasing only a portion of mortgaged property, common in land subdivisions or partial repayments.
- Electronic Release (E-Roya): Digital version submitted through BPN's online system, increasingly common in major Indonesian cities.
- Conditional Release: Issued with specific conditions that must be met before the mortgage is fully discharged, often used in refinancing situations.
Who should typically use a Mortgage Release?
- Banks and Financial Institutions: Issue the Mortgage Release after confirming full loan repayment and prepare documentation for BPN registration.
- Property Owners: Request and receive the release document, ensuring it's properly registered to clear their property title.
- Notaries: Verify and process the Mortgage Release, handling registration with land authorities and ensuring legal compliance.
- National Land Office (BPN): Records and registers the release, updating official property records and ownership status.
- Property Buyers: Rely on the release as proof that the property is free from existing mortgage claims before purchase.
How do you write a Mortgage Release?
- Loan Details: Gather the original mortgage agreement, loan account number, and proof of final payment from your bank.
- Property Information: Collect the property certificate (SHM/HGB), tax documents (PBB), and building permit (IMB) if applicable.
- Identity Documents: Prepare KTP copies of all property owners and bank representatives involved.
- Bank Confirmation: Obtain official bank statement confirming zero loan balance and release authorization.
- BPN Requirements: Check local land office requirements for registration forms and fees.
- Documentation: Keep copies of all correspondence and payment receipts for your records.
What should be included in a Mortgage Release?
- Identifying Information: Full details of the property, original mortgage agreement number, and all parties involved.
- Release Declaration: Clear statement confirming full loan repayment and release of the bank's security interest.
- Property Description: Exact details matching the land certificate, including certificate number, location, and boundaries.
- Authorization: Names and positions of bank officials authorized to issue the release.
- Governing Law: Reference to Indonesian Civil Code and relevant mortgage regulations.
- Execution Details: Date, location, and formal signatures of authorized bank representatives.
- Registration Clause: Statement authorizing BPN registration of the release.
What's the difference between a Mortgage Release and a Release of Lien?
A Mortgage Release differs significantly from a Release of Lien in several key aspects, though both involve clearing claims on property. While a Mortgage Release specifically terminates a bank's security interest after loan repayment, a Release of Lien has broader applications for removing various types of property claims.
- Scope of Release: Mortgage Release exclusively deals with bank mortgages, while a Release of Lien covers contractor liens, tax liens, or other property claims.
- Required Authority: Mortgage Releases must come from the lending bank and be registered with BPN, whereas Lien Releases can be issued by various entities holding the lien.
- Legal Framework: Mortgage Releases operate under Indonesian banking and property laws, while Lien Releases fall under broader civil code provisions for debt settlement.
- Documentation Requirements: Mortgage Releases need specific banking details and property certificates, but Lien Releases focus on the particular claim being released and proof of obligation fulfillment.
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