Mortgage Cancellation Consent Request Form

In this article, we describe the request for consent to cancel a mortgage and how to obtain and submit the relevant form.

It may be necessary, for personal, financial, or administrative reasons, to proceed with the cancellation of a mortgage registered on a property, for example following the repayment of the loan, the termination of the financial relationship, or a settlement agreement.

The mortgage, in fact, remains registered in the public land registers until the creditor gives formal consent to cancellation. This document can be requested by private individuals such as banks, intermediaries, notaries, buyers, or for sales purposes.

With the Public Administration, however, a self-certification is not sufficient: to proceed with the cancellation, the creditor's express consent is required, which must be evidenced by a specific form or certified document.

• What is the purpose of the request for consent to cancel a mortgage?
• How to fill out the request for consent to cancel a mortgage?
• Relationship between the request for consent to cancel a mortgage and succession

What is the purpose of the request for consent to cancel a mortgage?

The form is designed so that the debtor (or the current owner of the property, if different) can identify themselves and formally request the creditor to issue the consent document required for cancellation.

The editable form made available by the Agenzia delle Successioni must include:

• Personal details of the applicant
• Tax code
• Contact details and residential address
• Details of the contract or deed that originated the mortgage
• Cadastral data of the encumbered property

The form must be filled out accurately, because the office or financial institution will be able to verify its correspondence with the documents held in their archives. Any inconsistencies may delay the issuance of consent or require additional documentation.

How to fill out the request for consent to cancel a mortgage

After identifying the applicant, it is necessary to specify that the debt secured by the mortgage has been fully repaid.

It is also necessary to indicate the number and date of the mortgage or loan deed, the mortgage registration note at the Land Registry, and any other useful references found in the notarial deed.

The actual cancellation is subject to payment at the Land Registry using the F23 form and the payment of an electronic stamp duty. 16 euros, according to current rates.

If the creditor is a bank and the mortgage has been repaid, the cancellation can also occur automatically, without a notarial deed, pursuant to the Bersani Law. However, for some older mortgages or non-bank mortgages, a consent deed may be required.

Relationship between the request for consent to mortgage cancellation and succession

The persistence of a mortgage, even if the debt has already been repaid, can hinder the sale, donation, or inheritance of the property, as well as subsequent financing transactions.

Obtaining timely consent to cancellation helps ensure a free legal situation of the property, promoting full availability of the asset.

Discover The complete list of documents that you can obtain through the Agenzia delle Successioni.

The official website of the Revenue Agency suggests that, in addition to the relevant form, it is also necessary to print the information on the processing of personal data, which must be submitted to the office when submitting the application. We attach the document extracted from the Revenue Agency website in full below, along with the form.