Deletion Consent Statement

Deletion consent – a professional template in Word format

A deletion consent (brisovno očitovanje) is a document by which the creditor declares that the claim has been settled and expressly permits deletion of the lien, that is the mortgage, from the land register. It is most often issued by a bank after repayment of a housing loan or another loan secured by real estate, but it is used in exactly the same way where the creditor is a private individual who secured a loan by a mortgage.

The document is issued on the basis of the Land Registry Act (Zakon o zemljišnim knjigama). It is essential to understand that the statement alone does not delete the mortgage – it is a document which, together with an application for deletion, is filed with the land registry department of the competent court, and the encumbrance disappears only once the entry has been carried out.

Key features

• Professional template – a concise document in three articles, drafted to meet the requirements of land registry proceedings.
• Practical reliability – fields for the entry number (Z number), the land registry folio and the cadastral municipality, because incorrect identification of the entry is the most common reason for an application being refused.
• Easy customisation – a variant for a bank or another legal entity as creditor, with an indication of the person authorised to represent it.
• Digital availability – the DOCX file with instructions arrives by e-mail immediately after purchase.

What the template includes

• Details of the creditor, with a variant for a bank represented by an authorised person
• Identification of the entry – cadastral parcel number, land registry folio, cadastral municipality and the entry number (Z number, that is the daily register number)
• Indication of the legal transaction from which the claim arises (credit or loan agreement, date and number) and details of the debtor
• An express statement that the claim, together with interest and costs, has been settled in full
• Unconditional consent to deletion of the mortgage in full, without further conditions or counter-performance
• A signature block for the creditor with an indication of the function of the authorised person
• Instructions for completion – certification of the signature, filing the application, the court fee and checking the position once the entry has been carried out

Who this template is intended for

• Property owners who have repaid a loan and want to clear sheet C of the land register.
• Private creditors who secured a loan by a mortgage where the debtor has settled the debt.
• Sellers of real estate whose buyer or bank requires a clean sheet C before the transaction is closed.
• Heirs settling the position of a property that still carries an old mortgage repaid long ago.

Important: the creditor’s signature on a deletion consent must be certified by a notary public. Without certification the land registry court will not carry out the deletion, and in the case of a legal entity the statement is signed by the person authorised to represent it.

If you are creating a mortgage rather than deleting one, see the mortgage agreement template. Once the deletion has been carried out, check the encumbrances in a new title deed (land registry extract).