Discharge of Mortgage by Lapse of Time in Real Estate Registry

Note: This content describes Brazilian notarial and registry law.

Cancellation and discharge entry of mortgage by lapse of time in the Real Estate Registry

Executive summary

The discharge of mortgage by lapse of time (baixa de hipoteca por perempção) is the administrative procedure conducted at the Real Estate Registry (Registro de Imóveis) to cancel an in rem guarantee (real security interest) that has reached the maximum statutory period established by law (30 years under the current Código Civil / Brazilian Civil Code). Once this absolute statutory limit is reached without formalization of an extension or a new mortgage, the guarantee automatically lapses (perempção). The property owner may request the Real Estate Registrar (Oficial de Registro de Imóveis) to enter an annotation (averbação) discharging the mortgage due to lapse of time, releasing the property record (matrícula) without requiring a settlement release form from the former creditor or judicial intervention.

FAQ

What is the discharge of mortgage by lapse of time in the Real Estate Registry?

Discharge of mortgage by lapse of time (baixa de hipoteca por perempção) is the registry act that cancels a mortgage recorded on a property's matrícula due to the expiration of the maximum statutory period of 30 years from contract date, without express renewal between creditor and debtor.

How long does it take for a mortgage to lapse on a property?

The statutory period for a mortgage to lapse is 30 years under the current Civil Code (Código Civil). Once this limit has passed, the in rem guarantee is extinguished by operation of law, allowing direct registry cancellation at the Real Estate Registry.

What documents are required to request a discharge of mortgage by lapse of time?

You must submit a written application signed by the property owner (with notarized signature or qualified electronic signature), an updated full-form property certificate (certidão de inteiro teor da matrícula), and proof of payment of registry fees (emolumentos).

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