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Selling Bulgarian property in instalments: a statutory mortgage for the seller

A seller may secure deferred purchase money with a registered statutory mortgage. Plan the debt description, ranking and release arrangements.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • Transfer and full payment may occur at different times.
  • A statutory mortgage needs registration.
  • Protection depends on ranking and available property value.

If you transfer property before receiving the full price, you retain a claim for the balance; non-payment does not itself leave you as owner. A statutory mortgage may secure that claim against the property sold. It requires registration: the word 'statutory' does not make the protection automatic.

Record the actual unpaid balance

The notarial deed should accurately record payments and outstanding obligations. Signing an acknowledgement that the entire price was received when instalments remain creates an evidential problem. Specify the balance, payment dates and consequences of delay.

Priority determines practical protection

A mortgage provides preferential satisfaction according to the applicable legal ranking. It does not guarantee that sale proceeds will cover the claim. Earlier encumbrances, costs and other priorities matter. A financing bank may insist on first-ranking security; resolve any conflict before signing.

Also plan the end of the arrangement: evidence of final payment and the seller's cooperation in deletion. A buyer who has paid should have a clear route to removal of the security.

Practical guidance

What to do, step by step

01 / 03

Set out the price accurately

Avoid an untrue receipt acknowledgement.

  • Identify paid amounts and the remaining balance.
  • Specify due dates and bank evidence for each instalment.
02 / 03

Coordinate the security

Plan registration with completion.

  • Check existing encumbrances.
  • Agree ranking arrangements with the notary and financing bank.
03 / 03

Provide for release

Final payment needs a documented endpoint.

  • Specify cooperation in deletion after performance.
  • Keep statements and payment confirmations.

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This article is for general information only. It does not constitute or replace individual legal advice.