NEW MORTGAGE REGISTRATION
MODEL IN LITHUANIA
CENTRAL MORTGAGE OFFICE
LITHUANIA
4 December 2012
A BRIEF OVERVIEW OF REGISTERS
MANAGED BY CENTRAL MORTGAGE
OFFICE
Central Mortgage Office was established on the 29 September 1997
Registers managed by the Office:
Register:
Activity since:
Mortgage Register of the Republic of Lithuania
1 April 1998
Register of Wills
1 July 2001
Register of Property Seizure Acts
1 January 2002
Register of Marriage Settlements
1 July 2002
Register of Contracts
17 July 2002
Register of Legally Incapable Persons and Persons 1 January 2011
with Limited Legal Capacity
Register of Notarially Certified Powers of Attorney 1 January 2011
REGISTER OF WILLS
Objects of the Register:
wills;
 facts of acceptance of inheritance.

Data about the content of will and testator’s will are not
stored and processed in the Register of Wills.
STATISTICS OF THE REGISTER OF
WILLS
12234ąččęėįšž
17444 wills were registerd from 1 January 2012 till
1 October 2012.
STATISTICS OF THE REGISTER OF
WILLS
12234ąččęėįšž
REGISTER OF PROPERTY
SEIZURE ACTS
The Register of Property Seizure Acts is a public state register where
property seizure acts accepted by state institutions (officers) are
registered in accordance with the order established by law.
Objects of the Register are property seizure acts of:
courts
bailiffs
prosecutors
State Tax Inspectorate under the Ministry of Finance of the Republic of
Lithuania
State Social Insurance Fund Board under the Ministry of Social Security
and Labour of the Republic of Lithuania
other institutions and officers by which rights to the property located in
the Republic of Lithuania are temporarily restricted by force by seizing
the property in accordance with the grounds and order established by
laws.

PROPERTY SEIZURE ACTS
REGISTRATION
Till 1 July 2012
Since 1 July 2012
Data might be transferred
to the register:
•by fax
•by mail
•personally
Data might be transferred to
the register:
• electronically
• by fax (for unexpected
problems to transfer data)
Refusal to register of
property seizure act:
Decision is made
mortgage judge
Refusal to register of
property seizure act:
Decision is made by
Central Mortgage Office
by
There was no time limit in
order to eliminate data
inaccuracies
and
shortcomings
There is a time limit of 10
workdays in order to
eliminate data inaccuracies
and shortcomings
REGISTER OF PROPERTY
SEIZURE ACTS
STATISTICS
2. REGISTER OF MARRIAGE
SETTLEMENTS
Objects of the Register:
marriage settlements;
cohabitation settlements on the division of jointly
acquired and used property at the end of cohabitation;
facts of the division of property (settlements and
court decisions on division of joint property of
spouses).

STATISTICS OF THE REGISTER OF
MARRIAGE SETTLEMENTS
536 marriage settlements were registered form 1 January 2012 till
1 October 2012
3. REGISTER OF CONTRACTS
Objects of the Register:
Contracts of Instalment Sale
Contracts of Sale with Right of Redemption;
Leasing (financial lease) agreements.

The object of such contracts is a thing which has not/can
not be registered (in appropriate property register),
acquired for the business or services.
STATISTICS OF THE REGISTER
OF CONTRACTS
6. REGISTER OF LEGALLY
INCAPABLE PERSONS OR
PERSONS WITH LIMITED
LEGAL CAPACITY
In accordance with Article 2(2) of the Law Amending Article 31 of the
Law on the Notariat of the Republic of Lithuania and agreement between
the Chamber of Notaries of Lithuania and the Central Mortgage Office of
22 December 2010, the Chamber of Notaries of Lithuania transferred
data about persons acknowledged by the court as legally incapable or
with limited legal capacity accumulated before the beginning of the
Register’s activities.
A list of 8,161 person was transferred to the Register.
In 2011 the courts of Lithuania presented data to the Register about 835
incapable persons or persons with limited capacity.
OBJECTS OF THE REGISTER
OF LEGALLY INCAPABLE
PERSONS OR PERSONS WITH
LIMITED
LEGAL CAPACITY
Persons acknowledged as legally incapable by court
judgement;
Persons whose legal capacity was limited by court
judgement ;
Fourteen to eighteen-year-old minors whose rights to
independently use their income and property were
restricted or withdrawn by court judgement.

4. REGISTER OF NOTARIALLY
CERTIFIED POWERS OF
ATTORNEY
Objects of the Register:
1) The powers of attorney certified by a notary or a consular
officer:
that entitle to make agreements requiring a notarial form;
that entitle an individual to carry out the matter related to the
entities, except the cases defined by the provisions of law that
permit to provide any other form of power;
by which an individual provide a right of management, using
and disposal of his/her real estate;
other powers of attorney certified by a notary.
2) the powers of attorney certified by the authority equal to a
notary:
the military powers of attorney, certified by a commander
(head) of military subunit, formation, military institution and
school;
prisoners’ powers of attorney certified by the head of an
imprisonment place;
powers of attorney certified by a captain of long voyage ships
navigating with the flag of the Republic of Lithuania for the
persons that navigate such ships.
MORTGAGE REGISTER OF THE REPUBLIC
OF LITHUANIA
AFTER 1 JULY 2012
OBJECTS OF THE MORTGAGE REGISTER
contractual mortgages (pledges)

legal mortgages (pledges)

mortgage (pledge) transactions

Data about these objects is stored and processed in the
Mortgage Register as well as data about the marks of
notary executive records.
DURING THE MORTGAGE REFORM (1)
refused excess functions of a mortgage judge in mortgage
(pledge) registration process, also, refused mortgage
divisions upon district courts

people applying for a loan can cope mortgage related
affairs in a “one-stop shop” way

simpler mortgage (pledge) registration process

established a possibility to pledge assets of enterprise

DURING THE MORTGAGE REFORM (2)
There is no standardized form of the bond anymore

Contractual mortgage (pledge) comes into force after it is
signed by the parties of transaction (if there is no other
conditions)

The registration of contractual mortgages is not
obligatory anymore

Mortgage (pledge) registration has been made
administrative, not judicial process

DURING THE MORTGAGE REFORM (3)
Faster forced recovery process

Forced recovery process starts after the notary makes an
executive record.

Executive record is considered to be executive document
which can be presented to a bailiff

CONTRACTUAL MORTGAGES (PLEDGES)
REGISTRATION PROCEDURE
LEGAL MORTGAGES (PLEDGES) REGISTRATION
Before 1 July 2012
If the legal mortgage (pledge) had been established by a court decision, creditor
had to submit the original of the legal mortgage (pledge) bond to the mortgage
division
Bond
Mortgage Register
Mortgage
Creditor
Court
Creditor
judge
After 1 July 2012
Creditor
Court
Creditor
Administrators of taxes,
Administration institutions of the
State Social Insurance Fund Board,
notaries
Bond
Mortgage
judge
Electronically
transferred
data
Mortgage Register
Electronically
transferred data
FORCED RECOVERY PROCEDURE
Before 1 July 2012
Request for a forced recovery
Decision to seize property
Request for a sale by auction
Receiving-order
Presentation of receiving-order
Recovered fund
Allocation of recovered fund
After 1 July 2012
Creditor
Creditor
Mortgage
judge
Creditor
Mortgage
judge
Notary
Creditor
Creditor
Bailiff
Bailiff
Mortgage
judge
Creditor and
owner
Creditor and
owner
INTERACTION WITH RELATED
REGISTERS
Residents’ Register of the Republic of Lithuania;
Register of Legal Persons
Register of Real Estate;
Register of Sea-Going Ships
Registers of Inland Waterway Vessels
Register of Railway Rolling Stock and Containers
Register of Trademarks
Register of Patents
Register of Designs
Register of Tractors, Self-Propelled and Agricultural
Machines and their Trailers;
Register of Civil Aircrafts
Register of Road Vehicles;
Register of Weapons;
Register of Addresses;
Register of Foreigners.
REGISTRATION FEE
Registration fee has been paid for the mortgage (pledge)
registration, for its data change recording or for the
mortgage (pledge) deregistration:
registration – 108 LTL (31 EUR)
 data change recording – 31 LTL (9 EUR)
 deregistration – 10 LTL (3 EUR)

THANK YOU FOR YOUR ATTENTION!
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info@hipotekosistaiga.lt