What is the special legal mortgage of the lender of money?

Verified 20 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Since 2022, the special legal mortgage of the lender of money replaces the lender of money privilege, which can no longer be registered in land advertising service (ex mortgage custody service).

The special legal mortgage of the lender of money can be used by the bank when it grants you a mortgage.

It can be used to guarantee the purchase of an existing property (house, apartment, land), but not the financing of works, nor a purchase in the future state of completion (Véfa).

The bank does not need your consent to use this mortgage. The mortgage is mentioned in the loan offer as collateral for the loan.

The special legal mortgage of the lender of money allows the bank to be repaid in priority, in case of seizure and sale of your property.

The special legal mortgage of the lender of money must be registered by the notary at the land advertising service (ex-retention of mortgages). It's up to you to pay for it.

FYI

Unlike other mortgages, the registration of the special legal mortgage of the lender of money in the land advertising service is not subject to the land advertising tax.

The special legal mortgage of the lender of money is registered during the term of the mortgage, plus 1 year.

Registration ends automatically (no fees or steps to be taken), 1 year after the last maturity of the mortgage. This is the last repayment term, as indicated at the time of registration of the mortgage.

If you want to get a mortgage waiver before that time limit (for example, in case of early repayment of credit), you must claim it. You will then have a release to pay. The amount of these fees depends on the value of the original credit.