We all know from near and far these disputes that arise in the context of the day-to-day management of a real estate contract or a contract of a different nature and that would have given rise to a dispute requiring reimbursement. Litigation resulting in a release and / or mortgage situation . A common situation, which concerns many French people today, but a situation that many do not understand well. Difficult to distinguish the major differences between two legal concepts sometimes considered unclear.
What are the real differences between a release and a mortgage?
All the answers to these questions, and more, in the rest of this article and nowhere else.
Release refers to the fact that, through a specific document, a person who has been successful after one or more specific transactions (seizure-attribution, mortgage registration, precautionary measure or enforcement measure) considers satisfied. This same person thus lifts the obligation which then weighed on another physical or moral person since the Right was respected. It should be noted that the release may be automatic from the moment the Act provides that, for example, as soon as a debt is paid, the release is enforced to terminate the existence of a specific obligation . A legal concept finally simple to apprehend but actually close to the one we will see later in this article: the lifting of mortgage.
The mortgage waiver in a few words
Mortgages are different from releases in the sense that they only logically concern mortgages of all types of property. Where the release can be applied in many cases, the lifting of the mortgage has only a limited course of action. In order to guarantee a loan or a debt for its creditor, the debtor who has his property mortgaged can then immediately lift this obligation in two cases: he definitively sold it before the end of the repayment of the loan and / or he succeeds in repay your loan early.