The Partial Release of Lien Form is essential in Belgian property and security interest transactions where a creditor wishes to release their security interest in only a portion of the encumbered property. This document type is commonly used in scenarios such as partial property sales, refinancing arrangements, or when a portion of a secured debt has been satisfied. The form must comply with Belgian civil law requirements, including specific formalities under the Belgian Civil Code and Mortgage Law. It typically includes detailed identification of the original lien, precise description of the released portion, and confirmation of the remaining security interest. The document requires careful drafting to ensure it maintains the validity of the remaining lien while effectively releasing the intended portion, and often requires notarial intervention for proper execution and registration.
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1. Identification of Parties: Full legal names and details of the Lien Holder (creditor) and Property Owner (debtor), including their legal capacity and registered addresses
2. Property Description: Detailed description of the property subject to the original lien, including registration numbers and legal descriptions as recorded in Belgian property registers
3. Original Lien Details: Reference to the original lien document, including date of creation, registration details, and amount secured
4. Partial Release Statement: Clear statement of the specific portion of the lien being released, including precise description of the released property or amount
5. Remaining Lien: Statement confirming the continued validity of the lien on the unreleased portion and the remaining secured amount
6. Execution Requirements: Formal execution block meeting Belgian legal requirements, including spaces for signatures, dates, and notarial authentication if required
1. Consideration Statement: Required when the partial release is given in exchange for payment or other consideration
2. Conditions Precedent: Include when the partial release is subject to specific conditions that must be met before it becomes effective
3. Representations and Warranties: Optional section for additional confirmations by either party regarding their authority or the status of the property
4. Governing Law Declaration: While Belgian law applies by default, this section may be included for extra clarity, especially in cross-border situations
1. Property Description Schedule: Detailed technical or legal description of the property being released, including cadastral references or technical specifications
2. Original Lien Documentation: Copies of relevant pages from the original lien document and registration certificates
3. Payment Confirmation: If applicable, documentation confirming payment or satisfaction of the released portion of the debt
4. Authorization Documents: Any required corporate or administrative authorizations for executing the release
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