Mortgage Release Template for Indonesia

A formal document executed under Indonesian law that officially terminates and releases a mortgage (Hak Tanggungan) over a property. This document is essential for removing the lender's security interest in the property and must comply with Law No. 4 of 1996 on Security Rights Over Land. It requires registration with the National Land Agency (BPN) and contains specific details about the property, the original mortgage, and the parties involved. The document serves as official evidence that the borrower's property is free from the previously registered mortgage encumbrance.

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What is a Mortgage Release?

The Mortgage Release (Roya Hak Tanggungan) is a crucial document in Indonesian property and banking law, typically issued when a borrower has fully satisfied their loan obligations or when a lender agrees to release their security interest for other reasons. It must comply with Law No. 4 of 1996 on Security Rights Over Land and related regulations. The document is filed with the National Land Agency (BPN) to remove the mortgage notation from the land certificate, effectively clearing the property's title. It includes essential details such as the property identification, original mortgage registration information, and party details. This document is particularly important in property transactions as it provides evidence that the property is free from mortgage encumbrances and can be transferred or used as security for new financing.

What sections should be included in a Mortgage Release?

1. Header Information: Official letterhead, date, reference number, and address of the land office

2. Recipient Details: Full details of the Head of the relevant Land Office (Kepala Kantor Pertanahan)

3. Subject Line: Clear indication that this is a Mortgage Release Letter (Surat Roya Hak Tanggungan)

4. Mortgagor Information: Complete details of the property owner/borrower including full name, ID number, and address

5. Mortgagee Information: Complete details of the lending institution including name, address, and authorized representative

6. Property Details: Comprehensive description of the mortgaged property including certificate number, location, and size

7. Mortgage Certificate Details: Details of the Hak Tanggungan certificate being released, including registration number and date

8. Release Declaration: Formal statement declaring the full release of the mortgage rights

9. Authorization Statement: Statement authorizing the Land Office to process the release

10. Signature Block: Space for authorized signatory from the lending institution, including name, title, and company stamp

What sections are optional to include in a Mortgage Release?

1. Payment Confirmation: Reference to full loan repayment when the release is due to loan settlement

2. Power of Attorney Reference: Required when the release is being executed by an authorized representative

3. Multiple Property Details: When the mortgage covers multiple properties being released simultaneously

4. Partial Release Statement: When only part of the mortgaged property is being released

What schedules should be included in a Mortgage Release?

1. Original Mortgage Certificate: Copy of the Hak Tanggungan certificate to be released

2. Land Certificate: Copy of the land ownership certificate

3. Corporate Authorization: If the mortgagee is a corporation, board resolution or other authorization for the release

4. Power of Attorney: If applicable, document authorizing representative to act on behalf of the mortgagee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use

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