Creation of a mortgage in Poland

Creation is a mortgage in Poland

The mortgage may be established by a way of legal action or a court decision, or a decision of the relevant tax authority - Tax Office, ZUS, KRUS (also in the form of a non-delivered decision). The mortgage is only created at the moment of entry in the land register - this entry is therefore constitutive. The mortgage is disclosed in Section IV of the Land and Mortgage Register.

Mortgage agreement in Poland

The basis for the entry of a mortgage in the land and mortgage register is the statement of the owner of the mortgaged property submitted in the form of a notarial deed (under pain of invalidity). If the establishment of a mortgage is made to the bank (the so-called bank mortgage) or credit unions, the legal requirements have been more lax- a declaration made in writing is sufficient.The requirements for the form does not apply to statements made by the other party (mortgage lender).

Entry of a mortgage

The basis for an entry in the land and mortgage register may be:

  • Court order to grant a security
  • Executive title
  • Decision of the prosecutor
  • Final administrative decision
  • Security arrangement.

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