A mortgage pre-notation constitutes a common encumbrance registered on real property for the purpose of securing a claim (usually a bank loan). Once the obligation has been repaid or ceased to exist, the property owner must proceed with the deletion of the pre-notation so that the property becomes unencumbered and can be transferred, mortgaged again, or otherwise utilized.
As of 2024, pursuant to Law 5095/2024, the procedure has been modernized: consensual registrations and deletions are no longer made by court decision, but by an act issued by an accredited lawyer appointed by the Court of First Instance.
What is the deletion of a mortgage pre-notation?
It is the legal procedure by which a mortgage pre-notation is permanently deleted from the Land Registry or the Mortgage Registry.
The pre-notation may have been registered:
- consensually (e.g., bank loan),
- by court decision,
- by payment order or other enforceable title.
Its purpose is to secure the creditor. When the reason for such security ceases to exist (e.g., repayment), it must be deleted.
What methods does the law provide for the deletion of a mortgage pre-notation?
Under the current legislation, deletion may take place:
- With the creditor’s consent
(unilateral notarial declaration – as in the deletion of a mortgage) - By act of an accredited lawyer
(Law 5095/2024 – now the most common method for consensual deletions) - By court decision or mediation protocol
in case of dispute - Automatically after 90 days
from the finality of the judgment, if the pre-notation is not converted into a mortgage - By application of the successful bidder after auction
Procedure per case
- Consensual deletion by act of lawyer (after loan repayment)
As of 2024, both registration and deletion are carried out through an accredited lawyer appointed by the Court of First Instance.
Steps:
Certificate of repayment from the Bank/Fund
• Communication between lawyers
• Examination of title deeds – pre-notation
• Filing of application with the Court of First Instance (using the list of accredited lawyers)
• Issuance of deletion act
• Registration in the Land Registry/Mortgage Registry - Consensual deletion of pre-notation from payment order
Under Law 5095/2024, even if the pre-notation was registered non-consensually due to a payment order, it may now be deleted consensually.
The procedure is the same as above (certificate of repayment – lawyer’s act). - Non-consensual deletion (dispute – injunctive relief)
If the creditor does not consent, a court decision is required.
The court of injunctive measures may order the deletion, provided it is likely that the claim has been repaid. - Deletion after 90 days from finality
If 90 days pass after the judgment becomes final and the pre-notation has not been converted into a mortgage, it is automatically deleted. - Deletion after auction
The successful bidder who has paid the auction price may request the deletion.
Registration with the Land Registry / Mortgage Registry
After issuance of the act or decision:
• An application for registration is filed
• An extract of the cadastral diagram is submitted
• A certified copy of the act/decision is filed
After registration, the deletion is final.
In areas without a Land Registry, the procedure of the competent Mortgage Registry is followed, depending on the cadastral stage.
How long does the procedure take?
• From communication between lawyers to issuance of the act: approximately 3 weeks
• Registration in the Land Registry: from 1 month up to over 1 year, depending on the area and workload
Expedited processing is possible in urgent cases (e.g., pending sale) with submission of a relevant document (e.g., preliminary agreement).
Frequently Asked Questions (FAQ)
What do I need to start a consensual deletion?
A certificate of repayment and a lawyer to file the application.
Can deletion be carried out if the pre-notation originated from a payment order?
Yes, consensual deletion is now allowed regardless of the cause of registration.
Is there a reason to initiate litigation if I have repaid?
Only if the creditor refuses to consent. However, it takes longer and carries more uncertainty.
Which Court of First Instance is competent?
Any Court of First Instance that maintains a list of accredited lawyers (e.g., Athens, Piraeus).
Our Firm
Karpouzis – Lianou & Associates Law Firm has long-standing experience in real estate law and undertakes:
✅ Consensual deletions following loan repayment or payment order
✅ Non-consensual deletions in cases of dispute or claim contestation
✅ Legal due diligence of titles and cadastral registrations
✅ Management of communication with Banks and Funds
✅ Registration in the Land Registry or Mortgage Registry until final deletion
Our goal is the safe, prompt, and complete removal of any encumbrance from our clients’ properties, with legal precision and full protection of their rights.
Would you like to proceed with the deletion of a mortgage pre-notation? Contact us to review your case and guide you step by step.
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