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Free Guide to Hiring a Real Estate Lawyer
A mortgage in Poland, known as "hipoteka", is a legal security interest in real estate created to secure repayment of a debt - most commonly a housing loan. In Pułtusk the basic legal framework and procedures are the same as in the rest of Poland, but practical matters such as court filings, notary services and land records are handled locally. A mortgage is created by a notarial deed or court order and must be entered in the land and mortgage register - "księga wieczysta" - kept by the district court that covers Pułtusk. Mortgages determine who can take priority if a property is sold to satisfy debts, and they affect your ability to sell, subdivide or encumber the property.
Mortgage matters often involve significant financial risk and formal procedures. You may benefit from a lawyer in these common situations:
- When you are entering into a mortgage-secured loan and need help reviewing the loan agreement, notarial deed and mortgage wording.
- If you discover an unexpected entry or encumbrance in the land and mortgage register that affects ownership or saleability.
- When a lender begins enforcement proceedings or a court bailiff - "komornik" - opens execution against your property.
- If there is a dispute about ownership, boundaries, easements, or priority of mortgage entries.
- When you are dealing with foreign-currency loan issues, previous invalid or unfair contract terms, or claims against abusive bank clauses.
- For inheritance cases where property subject to mortgage passes to heirs and they need to sort obligations and rights.
- When negotiating restructuring, refinancing or voluntary sale under creditor pressure.
Key legal instruments and local elements to know in Pułtusk:
- Civil Code - "Kodeks cywilny": regulates contracts, property rights and obligations that underpin mortgage agreements.
- Law on Land and Mortgage Registers and Mortgage - this act governs creation, registration and public character of "księgi wieczyste". Mortgages only take effect against third parties once entered in the land and mortgage register.
- Consumer Credit Act - applies to mortgages granted to consumers and imposes information duties, right of withdrawal in some cases, and protections against unfair contract terms.
- Banking Law - affects lender conduct, licensing and supervision.
- Enforcement law and the role of court bailiffs - "komornik": governs foreclosure and sale of real estate in execution proceedings.
- Local institutions: the District Court in Pułtusk maintains land and mortgage registers for properties in the area. Notaries in Pułtusk prepare mortgage deeds and the Pułtusk municipal and county offices handle local administrative matters such as property tax and land use records.
- Electronic Land and Mortgage Register system - "Elektroniczne Księgi Wieczyste" (EKW) provides public access to register extracts and is the primary tool to verify encumbrances and entries.
A mortgage - "hipoteka" - is a right registered in the land and mortgage register that secures a creditor's claim against real estate. It does not transfer ownership. If the debtor fails to pay, the creditor can enforce the mortgage through court execution and request sale of the property to satisfy the debt.
Obtain an excerpt from the land and mortgage register for the property. Excerpts are available through the district court in Pułtusk and via the electronic land and mortgage register system - EKW. The excerpt shows owners, mortgages, liens and other encumbrances and is the definitive public record.
Yes. A mortgage securing a loan is typically created by a notarial deed that contains the agreement to grant a mortgage and the loan security terms. The notary will prepare the deed and ensure the mortgage is lodged for entry in the land and mortgage register.
Common costs include notary fees for the mortgage deed, court fees for registration in the land and mortgage register, property valuation fees, bank arrangement fees, possible survey or geodetic costs, and legal fees if you hire a lawyer. Exact amounts depend on the loan size, property value and service providers.
If you default, the lender may start enforcement proceedings through a court bailiff to collect the debt. This can lead to a forced sale of the mortgaged property. It is important to act quickly - contact a lawyer or the lender to explore restructuring, repayment plans or other remedies before enforcement proceeds too far.
Yes. Heirs inherit both assets and liabilities. An heir may accept the inheritance and the mortgage obligation, reject the inheritance, or accept it with limited liability under conditions provided in law. A lawyer can advise on the best option given the value of the property versus the secured debt.
Mortgage priority determines which secured creditor is paid first from proceeds if the property is sold in enforcement. Priority is mainly determined by the order of registration in the land and mortgage register. When taking or granting additional encumbrances, priority is an important negotiation point.
Yes. Under Polish consumer protection rules, unfair contractual provisions may be declared null and void. Many borrowers have challenged abusive bank clauses, especially in foreign-currency loan contracts. A lawyer can assess whether specific terms are potentially unenforceable and advise on litigation or alternative dispute resolution.
Timing varies. Once the notarial deed is prepared and lodged with the court, the court examines and registers the entry. Simple cases may be processed in a few weeks, but workload, required documents or objections can extend the timeframe. Your notary or lawyer can provide an estimate.
Begin by contacting your bank to seek an internal solution. If that fails, you can seek help from a lawyer, file a complaint with the Financial Ombudsman - "Rzecznik Finansowy" - or bring a court action. Consumer protection offices and the Office of Competition and Consumer Protection - UOKiK - can provide guidance on systemic issues.
Useful authorities and local bodies to consult in Pułtusk:
- District Court in Pułtusk - land and mortgage register department for excerpts and registration matters.
- Local notaries in Pułtusk - for preparation of mortgage deeds and loan documentation.
- Starostwo Powiatowe w Pułtusku - county office for land use and administrative information related to real estate.
- Urząd Miejski w Pułtusku - municipal office for local taxes, planning and property records.
- Electronic Land and Mortgage Registers - EKW system for checking register entries.
- Rzecznik Finansowy - Financial Ombudsman for complaints against financial institutions.
- Komisja Nadzoru Finansowego (KNF) - regulator of the banking sector.
- Urząd Ochrony Konkurencji i Konsumentów - consumer protection concerns.
- National Bank of Poland - for macroeconomic and currency information relevant to loans.
- Local bar associations and legal aid centers - to find qualified lawyers experienced in mortgage and real estate law.
If you need legal assistance with a mortgage in Pułtusk follow these practical steps:
- Gather documents: loan agreement, notarial deeds, land and mortgage register excerpt, correspondence with the bank, payment history and any enforcement notices.
- Check the land and mortgage register for current entries and priorities using the EKW excerpt or at the District Court in Pułtusk.
- Seek an initial consultation with a lawyer experienced in mortgages and real estate to review your documents and explain options. Ask about fees and the likely timeline for each option.
- Consider immediate protective measures if enforcement is imminent - a lawyer can advise on possible temporary solutions, negotiation with the lender or urgent court actions.
- If appropriate, contact the Financial Ombudsman or consumer protection bodies for guidance on disputes with banks.
- Keep clear records of all communications and deadlines, and act promptly - mortgage and enforcement matters often require timely responses to preserve legal rights.
Taking early, informed steps improves your chances of a better outcome. A local lawyer will combine knowledge of national law with practical experience of Pułtusk institutions and procedures.
