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215 CH-LU

§ 29 Act on Property Transfers and Mortgages - Condition and Place of Establishment

**Mortgage System - On New Charges of Immovable Property - Scope, Types, Establishment - On Rents in Particular - Ordinary Rents**
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§ 29 Law on the Transfer of Ownership and Mortgage Matters - Condition and Place of Establishment — Condition and Place of Establishment

1. Anyone who wishes to establish a mortgage must submit their request to the President of the Municipal Council of the municipality where the property to be encumbered is located. This request must include

a. a statement specifying the property to be encumbered and the amount for which the mortgage is to be established;

b. if necessary, proof of ownership of the property and personal authorization to encumber via a certificate from the municipal council of the homeowner's domicile.

2. The President of the Municipal Council is required to duly record these requests in a register with sequential numbers and to retain them, along with any additional documentation, as evidence.

3. If the properties to be mortgaged are situated in two or more municipal districts, the mortgage agreement shall be executed by the municipal council of the district where the residential building is located or, if there is no such building, where the larger portion of the property is situated.

4. The encumbrance must be noted in the mortgage protocols of each municipality.

← § 28 Law on Real Estate Transfer and Mortgage System Act on Property Transfers and Mortgages - 1. Purchase and Exchange Contract § 30 Law on Property Transfer and Mortgage Affairs →

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