You have old mortgages on the property, you will delete them as follows:
Ako je hipoteka upisana do 01. rujna 1980. year
- Submit a proposal for the registration of the deletion of the old mortgage to the land registry department of the competent municipal court, and as the basis of your request, state that you are requesting the deletion of the old mortgage based on Art. 162, paragraph 2 of the Law on Land Registers
Ako je hipoteka upisana nakon 01. rujna 1980. year
- On the condition that you know who the creditor is and the loan has been repaid, ask the creditor for a cancellation declaration and submit a proposal to register the cancellation of the mortgage to the land registry department of the competent municipal court along with the cancellation declaration.
- If it is not possible to obtain a declaration of cancellation, submit to the same authority a request to start the procedure for amortization and cancellation of the mortgage claim:
– if at least 30 years have passed since the registration of the mortgage (if there are further entries related to it, then from the date of the last of these entries)
– if it is not possible to find creditors or their legal successors
– if during this time neither the principal nor the interest was requested, nor was the right exercised in any other way – the land registry court will invite everyone who believes they have rights related to the mortgage claim to come forward, if no one comes forward within 30 days, the court will allow amortization of the mortgage claim and will determine the deletion of the mortgage and other entries related to it.
The above claims can be filed by the owner of the mortgaged property and any joint owner or co-owner.