In Polish: Hipoteka sprzedającego
This is the word you will see in bank documents.
Definition
A seller's mortgage is a mortgage, entered in section IV of the land register, of the bank that lent to the flat's current owner. On a sale it is repaid from the price, usually by transferring part of your loan straight to the seller's bank. After repayment, that bank issues consent to delete the mortgage.
What it means for you
Such a mortgage does not block a purchase with a loan, but your bank will pay out only after receiving a balance certificate and a promise of deletion. Until the old mortgage is deleted, some banks apply a higher margin or bridging insurance. When buying for cash, nobody makes sure the debt is repaid for you, so do not transfer the whole price to the seller.
Full entry in Polish, with a worked example and sources
Frequently asked questions
Can I buy a flat with a mortgage on it using a loan?
Yes. Your bank transfers part of the loan straight to the seller's bank to repay the debt, and the rest to the seller. You need a balance certificate and a promise to delete the mortgage.
Who pays for deleting the seller's mortgage?
The court fee is PLN 100. Who pays it and who files the application is agreed in the preliminary agreement. Certificates from the seller's bank are usually paid for by the seller.
What if the seller's debt is higher than the price?
The seller must pay the difference from their own money, ideally through a notarial deposit, so that the bank receives the full amount and consents to deletion.
Related terms
Definitions are simplified and reflect Polish law and bank practice as of October 2026. Where every word matters, the Act and your loan agreement decide. Figures in examples are indicative and are not a bank offer. The Polish version of each entry has worked examples and sources.
Other terms in “Property and security”