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Czech mortgage glossary

Lien (zástavní právo)

A right in rem that secures a debt: if the debtor stops paying, the lien creditor can sell the property and be paid from the proceeds ahead of others (§ 1309 et seq. of the Civil Code). On real estate it arises by registration in the land registry under a pledge agreement, for a CZK 2,000 fee. It ends when the debt is repaid, but only an application for deletion removes it from the registry.

Example

You buy a flat for CZK 5,000,000 with a CZK 4,000,000 mortgage. After signing, the application to register the lien is filed, the land registry puts a pending-change flag on the title sheet, and it may make the entry no sooner than 20 days after notifying the owner. After 25 years and a final payment of CZK 23,384, the bank issues a confirmation of repayment and you file for deletion, again for CZK 2,000.

In practice

You can sell a pledged property, but the bank must agree, and the debt is paid off from the purchase price, usually through escrow. The pledge agreement often also includes a ban on selling or encumbering the property, so without the bank's consent you cannot even create an easement. Forget to apply for deletion after the final payment and the lien stays on the title sheet for years.

How it differs

The pledge agreement is the document that sets up the lien; the lien itself arises only on registration in the land registry. An easement restricts the owner in favour of someone else but does not secure a debt. A bailiff's lien arises in enforcement without the debtor's consent, by an enforcement order, and ranks behind the bank's lien.

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