Mortgage release (mainlevée) in France: sale, cost, expiry

The three forms of security for a mortgage

Article 2402 of the Civil Code, in the version arising from the ordonnance (government order) of 15 September 2021 in force since 1 January 2022, secures the claim of whoever provided the funds to purchase a property, provided the loan deed records this purpose and the seller’s receipt records payment with the borrowed funds. To compare these forms of security when borrowing, see our guide garantie du prêt immobilier (mortgage security).

Automatic expiry: at most 1 year after the last instalment

The registration preserves the security until the date set when it was registered. Where the loan’s end date is fixed, this date cannot be more than 1 year after the last instalment, and the registration cannot last more than 50 years (Civil Code, art. 2429). Service-public.gouv.fr states that in practice the contractual mortgage remains registered 1 year after the loan ends (F789), as does the special statutory mortgage (F786): the exact date appears in the registration, and the notary can give it to you.

On that date, the registration “ends automatically (at no cost and with no formalities)” (F787). You therefore have nothing to pay if you have repaid your loan at the end of its term and do not sell in the following year.

When a release is needed

Service-public.gouv.fr (F787) cites three situations:

1. you sell without having repaid your loan in full;
2. you sell before the registration ends, i.e. even after paying off the loan, as long as the registration’s expiry date (at most 1 year after the last instalment) has not been reached;
3. sometimes, on a loan buyout (rachat de crédit) by another lender, which requires its own security.

In this last case, service-public.gouv.fr lists the release costs among the costs of the buyout, alongside early repayment charges, the arrangement and security fees of the new loan and the new borrower insurance (F146): they must be included when calculating the expected saving.

Full early repayment without a sale does not oblige you to request a release: the registration will lapse on its date. Requesting it anyway is only worthwhile if you plan to sell or borrow again against the property before that date.

How the release works on a sale

Checks. Before the deed, the notary consults the property’s état hypothécaire (statement of registered charges) to find out about existing registrations; the deed must mention the existence of a mortgage, and the release of the mortgage is among the documents for the sale (F2962).

The lender’s consent. The release is obtained with the lending institution’s consent; this consent must take the form of an acte authentique (notarised deed) drawn up by a notary (F787). The entry is removed at the land registry on filing of the deed recording consent (Civil Code, art. 2435 and 2436).

If the lender refuses. Without consent, removal is applied for at the tribunal judiciaire (civil court) with jurisdiction over the land registry office where the charge was registered (F787; Civil Code, art. 2437).

For the full timeline of a sale, see vendre son logement : les étapes (selling a home: the steps).

How much does a release cost?

The costs of the release deed are borne by the borrower (F787). For the special statutory lender’s mortgage, service-public.gouv.fr states that the amount depends on the value of the original loan (F786).

The regulated notary tariff sets the fee (émolument) for releasing a mortgage or lien registration according to the registered capital (or the amount up to which the release is granted): €78 up to €77,090, €150 above that (Commercial Code, art. A444-141). This fee only pays for the notary’s deed: ask them for a full statement of costs before the sale.

Two moments need to be kept apart. On purchase, the buyer who borrows pays the costs of setting up and registering the security, on top of the frais de notaire (notary’s fees and purchase costs). On resale, the release, where needed (a sale before the registration expires), is a cost for the seller.

Which professional to consult

The notaire (notary) handling the sale identifies the registrations, obtains the lender’s consent and draws up the release deed; ask them for the cost as soon as the property goes on the market. If you take out a loan buyout, the courtier en crédit (mortgage broker) compares the cost of a new mortgage, a release and a caution, and can work out the early repayment charges owed to the original lender (see rachat de crédit, loan buyout).