Compulsory Mortgage
A mortgage entered against a property without the owner's consent, established by a creditor — such as the tax office, ZUS, or a court judgment creditor — holding an enforceable title, and recorded in Section IV of the land and mortgage register.
Сфера дії: Польща.
Визначення
A compulsory mortgage (hipoteka przymusowa) is governed by the Act on Land and Mortgage Registers and Mortgage (6 July 1982). Unlike a contractual mortgage, it does not require the property owner's agreement: a creditor holding an enforceable title — most commonly a final court judgment, an enforceable notarial deed, or an administrative decision such as a tax or social security (ZUS) arrears assessment — can apply directly to the land and mortgage register court to have the mortgage entered.
Once entered in Section IV, a compulsory mortgage secures the creditor's claim against the property itself, meaning it survives a change of owner — a buyer who purchases a property without checking the register can inherit someone else's unpaid tax or ZUS debt as a charge on the property they just bought.
A compulsory mortgage most often shows up unexpectedly on properties belonging to a business owner or a company, since unpaid taxes and social security contributions are among its most common triggers, but it can in principle secure any enforceable monetary claim against the owner.
Приклади
A self-employed seller falls behind on ZUS contributions; the agency issues an enforceable decision and has a compulsory mortgage entered against the seller's apartment in Section IV.
A buyer's lawyer pulls the register just before closing and discovers a compulsory mortgage securing an old tax arrears judgment — the sale is put on hold until the seller settles the debt and the entry is removed.
Як це впливає на купівлю та продаж
Because a compulsory mortgage binds the property rather than the person who incurred the debt, buyers should always check Section IV of the register shortly before signing — an entry that appeared after an earlier check but before closing is a common way for this kind of surprise to slip through. Sellers who know they have outstanding tax, ZUS, or court-ordered debts should settle and have the entry removed well ahead of putting a property up for sale, since a compulsory mortgage discovered late routinely delays or derails a transaction.
