At the deed the notary repays the seller’s outstanding loan from the sale proceeds, settles any early-repayment indemnity, and lifts the mortgage inscription (mainlevee). The buyer then receives the property free of the old charge and arranges their own financing if needed (Notaire.be, 2026).
Selling a mortgaged property is a routine choreography handled at completion, and the notary is the conductor. Rather than the seller repaying the bank separately, the notary intercepts the sale price and applies it in a fixed order, which protects both the lender and the buyer at the same moment the property changes hands (Notaire.be, 2026).
The sequence is straightforward. The notary asks the seller’s bank for a settlement figure, the exact outstanding capital plus, where the loan contract provides, an early-repayment indemnity. From the sale proceeds the notary repays that amount to the bank, then organises the mortgage release so the security no longer burdens the property, and finally transfers the remaining balance to the seller. If the sale price exceeds the outstanding loan, the seller pockets the surplus; if it does not fully cover it, the seller must top up the shortfall, since the property cannot be sold with the debt still secured on it.
The counter-intuitive part is that clearing the debt is not enough by itself. A mortgage inscription remains recorded against the property for 30 years unless it is formally lifted, so even a repaid loan leaves a trace on the register until a mainlevee removes it (Estimer Logement, 2026). Because no buyer or buyer’s bank will accept a property that still shows a live inscription, the release is an indispensable step, not optional housekeeping.
For the buyer, the outcome is a clean title, and their own purchase loan, if any, creates a fresh mortgage in their name over the same walls. One planning tip for sellers: request the bank’s settlement figure early, since the early-repayment indemnity and the release cost both affect your net proceeds and are easy to overlook when you set an asking price.
At a glance
| Step | What the notary does |
|---|---|
| 1. Request payoff | Obtains the bank’s settlement figure |
| 2. Repay the loan | Pays outstanding capital plus any indemnity |
| 3. Release the security | Arranges the mainlevee on the inscription |
| 4. Pay the seller | Transfers the remaining balance |
| 5. If price is short | Seller tops up the difference |
| 6. Buyer’s side | Receives clean title, sets up own loan if needed |