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Release of Lien
I need a release of lien document to officially remove a lien on a property after the debt has been fully paid. The document should include details of the original lien, confirmation of payment, and be signed by the lienholder to ensure the property title is clear for future transactions.
What is a Release of Lien?
A Release of Lien is a legal document that removes a claim against property in Indonesia once a debt has been fully paid. When someone takes out a loan using their property as collateral, the lender places a lien (or hak tanggungan) on that property - essentially marking it as security for the debt.
Once you've paid off your loan, you'll need this release document to clear your property title at the local land office (Badan Pertanahan Nasional). The release proves to future buyers or lenders that the property is free from any previous claims, making it especially important when selling property or applying for new financing under Indonesian property law.
When should you use a Release of Lien?
Get a Release of Lien right away after paying off any secured loan in Indonesia, especially mortgages or business financing where property served as collateral. This document becomes crucial when selling property, refinancing, or using the asset for new business ventures - situations where you need to prove the property is free from existing claims.
Indonesian banks and notaries typically require a Release of Lien during property transactions or new loan applications. Filing it promptly with the land office (BPN) prevents delays in future dealings and protects you from potential disputes about old debts. For commercial properties, this release helps maintain clean financial records and simplifies annual audit processes.
What are the different types of Release of Lien?
- Release Of Lien Document: The standard form used for most property-related debt clearances in Indonesia, typically for mortgage releases
- Lien Release Form: A simplified version commonly used for smaller commercial loans and equipment financing
- Waiver And Release Of Lien: Used in construction projects, releasing claims for completed work and payments
- Lien Waiver Form: Specific to partial releases during ongoing projects, often used by contractors
- Model Waiver Form: A comprehensive template adaptable for complex commercial property transactions
Who should typically use a Release of Lien?
- Lenders (Banks and Financial Institutions): Issue the Release of Lien after receiving full loan payment, must file with land authorities
- Property Owners: Request and receive the release document after paying off loans, need it for future property transactions
- Notaries (PPAT): Verify and process the release documentation, ensure compliance with Indonesian property laws
- Land Office Officials (BPN): Record and register the release in official property records
- Real Estate Agents: Help verify property is lien-free during sales transactions
- Corporate Legal Teams: Handle releases for business properties and maintain compliance records
How do you write a Release of Lien?
- Original Loan Details: Gather the loan agreement number, property certificate details, and original lien registration date
- Property Information: Collect current property certificate number, address, and boundaries from BPN records
- Payment Verification: Document final loan payment date and get bank confirmation of full settlement
- Party Information: Prepare complete legal names and details of lender, property owner, and any guarantors
- Documentation: Use our platform to generate a legally-sound Release of Lien that meets Indonesian requirements
- Filing Requirements: Check local BPN office procedures for registration fees and processing timelines
What should be included in a Release of Lien?
- Property Identification: Full legal description matching the property certificate (sertifikat hak)
- Lien Details: Original lien registration number and date from BPN records
- Party Information: Complete legal names and addresses of lender and property owner
- Payment Confirmation: Clear statement that the secured debt has been fully satisfied
- Release Language: Explicit declaration releasing all claims against the property
- Execution Block: Notary certification, official stamps, and authorized signatures
- Legal Authority: Reference to relevant Indonesian property and security laws
- Registration Details: Space for BPN filing information and official records
What's the difference between a Release of Lien and a Lien Waiver?
People often confuse a Release of Lien with a Lien Waiver, but they serve different purposes in Indonesian property law. A Release of Lien terminates an existing lien after debt payment, while a Lien Waiver prevents future claims, typically in construction projects.
- Timing of Effect: Release of Lien works retroactively to remove an existing claim, while Lien Waiver operates prospectively to prevent future claims
- Usage Context: Release of Lien is used after loan repayment, primarily in property transactions; Lien Waiver is common during ongoing construction work
- Required Parties: Release needs the original lender's participation; Waiver typically involves contractors and property owners
- Legal Registration: Release must be recorded with BPN; Waiver usually doesn't require official registration
- Duration: Release permanently clears property records; Waiver applies to specific payment periods or project phases
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