Since 2021, the vast majority of new mortgage certificates are so-called “registered” certificates, meaning they are digitized and recorded in the Land Registry, unlike “paper” certificates which are only valid for the person physically holding them. If your certificate belongs to the latter category, there is indeed a risk of losing it. If you can no longer find your mortgage certificate, this can pose a problem when selling your property — but it’s not insurmountable.
The notary will be required to withhold an amount from the sale price equivalent to the value of the certificate and associated legal fees. They must also appoint a lawyer to initiate a “title cancellation procedure” before the Court of First Instance. This process includes a publication in the official gazette (Feuille d’avis officielle) calling for any potential creditors to come forward. If no claims are made within the set period, the court may issue a new mortgage certificate and the notary can then release the withheld funds to the seller. This process can take several months and incur additional costs.
Therefore, it is crucial to keep your paper certificates in a safe place — or better yet, convert them into registered certificates.
Excerpt from our guide: Selling Your Home in 42 Questions