Mortgage statement: Who can apply for it? How to get it?

What is a Mortgage Statement?

A real identity card for a property, the mortgage statement lists several essential information to retrace the history of this property, find its owners, and the events suffered since its registration in the Property file, held by the dedicated tax service. . Thus, a mortgage statement includes the following elements:

• The different owner(s) of the property since its registration in the Property File.
• The date of the various acquisitions.
• Mortgage registrations, that is to say the guarantees taken by the banks when they have granted a loan to the owner of the property (mortgage or privilege of lender of money).
• Charges that may encumber the property, such as easements, or foreclosures.

Mortgage statement: who can apply for it?

Most of the time, it is the notary who submits the request to the Land Registration Service (formerly Conservation of Mortgages). He indeed needs this document to be aware of the registrations and other charges that may encumber the property he is about to sell.

The notary, who has a duty to advise his clients, must check before formalizing the sale that the property is free of any registration that could affect the validity of the transaction. If a mortgage is in progress, he must immediately notify the purchaser. The sale can be carried out in the presence of a guarantee, but in this case the seller must repay the loan and pay in addition the costs of releasing the mortgage registration before the sale. If the registration is in fact a foreclosure, the sale by mutual agreement cannot take place.

An individual or a company can also contact the Land Registry Service to request a mortgage statement. Normally, this request cannot be refused to them, if it is justified that they act in a personal capacity, for a heritage transaction for example.

How to obtain a mortgage statement?

The mortgage statement, which is an extract from the real estate file, is issued by the Land Registration Service of the location of the building in question. This Service updates the File at each event occurring on the building, whether it is the execution of a judgment, a mortgage guarantee, or even a seizure.

This service is able to tell if the property concerned is subject to a mortgage or an easement. The request is made on a single adapted form, to which is attached a regulation called the “property security contribution” which is due to the land registration service of the location of the building. This cost is determined according to the nature of the information requested, depending on whether the request relates to one or more owners, or to one or more buildings (12 euros per person and per building). On the site impots.gouv.fr is the explanatory note helping to complete the forms (note 3241-NOT-SD), as well as the forms depending on the type of request (3230-SD, 3231-SD, 3233-SD, 3236-SD or 3240-SD) . The response is given by e-mail by the land registration service (an additional cost is requested for postage if the applicant wishes a response by post).

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