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Free Guide to Hiring a Real Estate Lawyer
A mortgage is a legal charge on real estate used to secure repayment of a loan. In Acharnes, as in the rest of Greece, mortgages are commonly used for home purchases, refinancing, and some business finance. Creating a mortgage normally requires a notarial act and registration with the land registry system - either the Hellenic Cadastre or the local registry where the property is recorded. Once registered, a mortgage gives the lender a real right over the property and the ability to seek enforced sale if the borrower defaults.
Buying a property with a mortgage - to check the title, confirm that the property is free of unexpected encumbrances, and to review the loan and mortgage terms before you sign.
Refinancing or remortgaging - to negotiate terms, compare lender offers, and prepare or review the necessary documentation and notarial acts.
Facing arrears or possible foreclosure - to assess your legal options, negotiate with the lender, propose restructuring, or represent you in any enforcement proceedings.
Disputes over mortgage terms or lender conduct - to challenge unfair contract terms, alleged errors in interest calculations, or breaches of consumer protection rules.
Inheritance or division of property - to resolve how an existing mortgage affects heirs or co-owners, and to prepare required transfers or releases.
Removing or discharging a mortgage - to confirm full repayment, prepare the release deed, and secure deregistration from the land registry.
Creation formalities - Mortgages in Greece must generally be created by public document before a notary. The notarial act sets out the loan terms, identity of parties, mortgage amount and ranking rules.
Registration - A mortgage is effective against third parties only after registration in the land registry system. Properties may be recorded in the Hellenic Cadastre or in older registry books - it is important to know which system applies to your property in Acharnes.
Priority - Mortgage priority is determined primarily by the order of registration. Lenders with earlier registrations have priority over later creditors when proceeds from sale are distributed.
Enforcement - If a borrower defaults, the lender can take enforcement steps that may lead to judicial or administrative forced sale of the property. Enforcement procedures follow statutory rules and include notification and sale by public auction or other prescribed methods.
Consumer protection - Mortgages that are consumer loans are subject to consumer credit rules that require clear pre-contractual information and assessments of the borrower s ability to repay. Lenders must meet transparency obligations when offering and advertising mortgage products.
Taxes and fees - Mortgage creation and registration involve notary fees, registration fees, and certain taxes. The exact amounts depend on the transaction and the status of the parties.
Discharge and cancellation - When the secured debt is fully paid, the mortgage must be cancelled at the registry. That normally requires a notarial deed or other formal documents proving repayment and then deregistration.
A mortgage is a real right that secures repayment of a debt with the value of a specific property. If the borrower fails to meet obligations, the lender can use legal enforcement procedures to realize the property value and recover the debt.
Creation involves a notarial deed that records the contractual terms and the mortgage charge. The mortgage must then be registered at the relevant land registry office - either the Hellenic Cadastre or the older registry system where the property is recorded - to be effective against third parties.
Timing varies with the local registry workload and whether the property is in the Cadastre or an older registry. It can range from a few days to several weeks. Your notary or lawyer can give a more precise estimate for the local office handling Acharnes properties.
Missing payments typically leads to arrears notices and demands from the lender. If payments remain unpaid, the lender may begin enforcement procedures which can include public auction of the property. Early contact with the lender and legal advice can often produce restructuring or temporary solutions.
Yes. Borrowers often renegotiate interest rates, extend the term, or refinance with another lender. A lawyer can help evaluate offers, negotiate terms, and ensure the legal steps for changing or substituting the mortgage are carried out correctly.
There are national and EU-inspired protections for consumer borrowers, including transparency rules and obligations on lenders to assess affordability. Greece has also had frameworks addressing over-indebted households. A lawyer can explain current protective measures and whether you qualify for any formal relief processes.
Obtain a title search to identify all registered encumbrances, verify who holds the mortgage and its amount, check that the seller has the right to sell, and confirm whether municipal or planning restrictions apply. A lawyer or notary can perform or verify these checks.
Costs include notary fees, registration fees, taxes and possibly valuation or administrative charges from the lender. Exact figures depend on loan size and local fee schedules. Ask your lawyer or notary for a cost estimate before proceeding.
After full repayment, you should obtain proof from the lender and execute the required notarial deed or formal release. The release must be registered at the land registry to clear the title. Keep copies of all documents proving repayment and deregistration.
A lawyer familiar with local registry practices, the Athens/Attica courts and local administrative offices is strongly recommended. A local or Athens-based lawyer will be better placed to handle registration, enforcement procedures and negotiations with local lenders and authorities.
Hellenic Cadastre - the national land registry authority that maintains cadastral records for many parts of Greece.
Bank of Greece - for general information on banking practice and consumer guidance on loans and mortgages.
Independent Authority for Public Revenue - for tax-related information affecting property and mortgage transactions.
Ministry of Justice - for information on courts, enforcement procedures and related legal frameworks.
Athens Bar Association or your local Bar Association - to find a qualified lawyer experienced in property and mortgage law.
Municipality of Acharnes - for local planning, building and municipal charge information that can affect property transactions.
Gather key documents - title deed or ownership certificate, any existing mortgage documents, loan contracts, recent tax receipts and municipal information.
Request a title search and property encumbrance report from a notary or lawyer to confirm registration status and any hidden charges.
Schedule a consultation with a lawyer who specializes in property and mortgage law and has experience with Acharnes or the Attica region.
If you are in arrears, act quickly - contact the lender to discuss options and seek legal advice to preserve your rights and explore restructuring or protective measures.
Keep a file with all communications, offers and official documents - this will help your lawyer assess the situation and represent you effectively.
Ask your lawyer about expected costs, timelines and possible outcomes so you can make informed decisions at every stage.
