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The Ultimate Guide to Understanding and Navigating the Red Book Release Procedure

If you're looking to learn about the procedure for releasing a red book mortgage, then look no further!

4 September, 2024

For borrowers who have reached the maturity date of their loan, mortgage release is a crucial process. Many people are unfamiliar with the mortgage release procedure for red books. Today, we will provide a detailed guide on the latest red book mortgage release process.

1What is a Mortgage Release? What is the Procedure for Releasing a Red Book Mortgage?

Mortgage release refers to the removal of a mortgage on a property held by a bank once the loan obligations secured by that property have been fulfilled. It is mandatory to undergo the mortgage release process once the loan principal has been fully repaid to the bank.

Red Book Mortgage Release Procedure

The red book mortgage release procedure, also known as red book mortgage removal, involves lifting the mortgage on the land-use right and any assets attached to the land once the secured debt obligations have been fulfilled. Additionally, certain procedures must be carried out with the relevant authorities to remove the mortgage information recorded in the red book.

2When is the Red Book Mortgage Release Procedure Necessary?

Instances Requiring Red Book Mortgage Release

According to Clause 1, Article 21 of Decree 102/2017/ND-CP dated September 1, 2017, the following cases are eligible for mortgage release:

When an individual wants to remove the mortgage and has fully repaid the principal and interest to the bank.
When an individual wishes to replace the current mortgaged asset with another asset of equivalent value.
When an individual intends to borrow capital from another bank.
When an individual wants to retrieve the red book to sell or transfer ownership.

Note: Real estate investors must release the mortgage on a condo before selling it to another party if the condo was previously mortgaged to a bank. Therefore, prospective condo buyers should carefully investigate whether the project was previously mortgaged to avoid losing money without acquiring the property.

3Red Book Mortgage Release Documents

Land-Use Right Certificate

The preparation of documents for the red book mortgage release is governed by Article 47 of Decree 102/2017/ND-CP and Article 26 of Inter-ministerial Circular No. 09/2016/TTLT-BTP-BTNMT. The required documents include:

Original request for cancellation of mortgage registration.
Original land-use right certificate and ownership of houses and other assets attached to the land.
Identity card or citizen identification of the mortgagor.
Agreement to cancel the land mortgage or confirmation of mortgage release from the mortgagee if the request for cancellation of registration is signed only by the mortgagor.
Documents proving exemption from land mortgage registration fees, if applicable. In case of authorization, a power of attorney must be provided.

4Detailed Guide to Red Book Mortgage Release Procedure at the Bank

Land Registration Office

The steps to follow for the red book mortgage release procedure at the bank are as follows:

Step 1 Submit the prepared mortgage cancellation documents at the land registration office.

Step 2 The receiving officer will check the submitted documents. If there are any missing documents, they will guide you on what to provide. If the submission is complete, they will process the request and schedule an appointment for the results.

Step 3 Follow the procedures outlined in Article 31 of Inter-ministerial Circular No. 09/2016/TTLT-BTP-BTNMT.

Note: During the processing of the procedure, individuals may be required to pay certain fees, such as notarization fees and administrative fees.

We hope that through this article, you now have a better understanding of the red book mortgage release procedure.

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Frequently asked questions

The Red Book is a critical document in the world of aviation, serving as the technical foundation for aircraft airworthiness. It outlines the requirements and procedures that manufacturers must follow to obtain and maintain airworthiness certifications for their aircraft designs. This ensures that aircraft meet the necessary safety and performance standards, making it a vital resource for manufacturers, regulators, and maintenance organizations.

The Red Book is published by the European Aviation Safety Agency (EASA), the regulatory body responsible for civil aviation safety in Europe. It is updated periodically to incorporate the latest advancements in aviation technology and safety regulations, ensuring that the standards remain current and relevant to the industry.

The Red Book is organized into several parts, each focusing on specific aspects of aircraft airworthiness. Part-21 details the certification procedures, including initial and continued airworthiness requirements. Part-M covers maintenance requirements, ensuring aircraft are properly maintained throughout their service life. Other parts address specific aircraft categories, such as large airplanes, rotorcraft, and light sports aircraft, providing detailed guidelines for each type.

The Red Book establishes comprehensive airworthiness standards, including design, production, and maintenance requirements. Manufacturers must demonstrate compliance with these standards to obtain type certificates, production certificates, and airworthiness approvals. The document also outlines continued airworthiness procedures, ensuring that aircraft remain safe and airworthy throughout their operational life, including maintenance programs, modifications, and airworthiness directives issued by EASA.

While the Red Book is primarily applicable within the European Union, it is recognized and referenced globally due to its comprehensive nature and alignment with international aviation safety standards. Many countries outside of Europe adopt similar airworthiness regulations, and the Red Book can serve as a valuable reference for manufacturers seeking certification in multiple markets.