What is a Mortgage Removal Case?
Mortgage removal lawsuit is a lawsuit filed to delete this right from the land registry in case the mortgage right on the immovable property expires. Mortgage is a right in rem established on immovable property to secure a receivable. When the debtor pays the debt or the mortgage is terminated for another reason, the mortgage right must be deleted from the land registry.
Reasons for the Mortgage Removal Case:
• Payment of Debt: When the debtor pays the mortgage receivable in full, he can ask the creditor to agree to the removal of the mortgage. If the creditor does not agree, the debtor can file a lawsuit to cancel the mortgage.
• Termination of Mortgage: The fact that the mortgage has been established for a certain period of time and the expiration of this period allows the creditor to request the removal of the mortgage. If the creditor does not accept this request, the debtor may file a lawsuit.
• Mortgage Fraud: The illegal establishment of a mortgage may also be the subject of a mortgage cancellation lawsuit.
How to File a Mortgage Removal Case?
The mortgage removal case is filed in the Civil Court of First Instance where the real estate is located. The owner of the mortgaged property, the mortgage creditor and other persons affected by the mortgage may be parties to the lawsuit.
Information to be Included in the Petition:
• Identity information of the plaintiff and the defendant in the petition
• Information about the mortgaged property
• Reason for requesting mortgage removal
• Relevant evidence
Litigation Process:
After the petition is submitted to the court, notification is made to the defendant. The defendant responds to the petition and presents evidence. The court makes a decision after examining the evidence of the parties and conducting the necessary research.
The Court in Charge and Competent in the Mortgage Removal Case:
The competent court in the mortgage removal case is the Civil Court of First Instance where the real estate is located.
Statute of Limitations in Mortgage Removal Case:
The statute of limitations in a mortgage removal case is 10 years. This period starts from the date the mortgage right expires.
