Buying a Property That Still Has a Mortgage in Morocco: How the Mainlevée Works

Yes, you can buy a property in Morocco that still has a bank mortgage on its land title, as long as the mortgage is paid off and formally cancelled before or at the moment of the sale.

That cancellation is called a mainlevée, and it is the step that turns an encumbered title into a clean one in your name.

This guide explains how to spot a mortgage on the title, how the notary handles the payoff, what it costs, and what can go wrong if the seller owes more than you are paying.

This article is general educational information based on published tariffs and professional guidance, not legal advice. Ask your notary to confirm the procedure and costs for your specific title.

How do you know if a Moroccan property has a mortgage?

A registered property in Morocco has a land title (titre foncier) held at the local land registry office, the conservation foncière.

Mortgages, seizures, pre-notations and other charges are written on that title, so anyone who reads it can see them.

The simplest way to read it is the ANCFCC property certificate, which lists the current owner and the registered charges.

Our guide to the ANCFCC certificat de propriété explains how to request it and what each section means.

Ask for a certificate dated a few days before you sign anything, not a copy the seller printed months ago.

What charges can appear besides a mortgage?

• Hypothèque: a bank or private lender’s security for a loan, the most common charge on apartments bought with credit.
• Saisie: a seizure registered by a creditor or an authority, which blocks a normal sale until it is lifted.
• Prénotation: a temporary entry protecting someone’s claimed right, for example an earlier buyer.
• Leases or other real rights: registered rights that may continue after the sale.

If you see a pre-notation, read our explainer on pre-notation on a Moroccan land title before going further.

Can the seller sell a property that still has a mortgage?

Yes, and it happens often, because many Moroccan owners bought with a bank loan they have not finished repaying.

The condition is simple: the mortgage must be lifted so that the buyer receives a land title cleared of the charge (Reaconsult, selling a mortgaged property in Morocco).

In practice, everything happens through the notary who prepares the final deed.

A notary who knows the title is mortgaged should not release your money to the seller until the bank has been repaid and the release can be registered.

How does the mainlevée work in a sale?

The usual approach is a release at the same time as the sale, coordinated by the notary (Reaconsult).

1. The notary asks the seller’s bank for an official statement of the balance due on the signing date, including any early repayment charge set by the loan contract.
2. If your price covers that balance, the bank agrees to the sale and commits to issue the release once it is repaid.
3. At signing, the amount owed to the bank is kept aside from your price and paid to the bank, and only the remainder goes to the seller.
4. The bank signs the mainlevée, and the notary files it with the land registry so the mortgage entry is cancelled.
5. The sale is registered and the title shows you as owner, without the old mortgage.

Reaconsult reports that the land registry usually processes the cancellation within 24 to 48 hours of receiving a complete file, while the bank’s own release can take several weeks depending on the institution (Reaconsult).

So the bank, not the land registry, is usually the slow part.

This is one reason to tell your notary about the mortgage at the preliminary agreement stage rather than on signing day.

Our guide to the compromis de vente for foreign buyers explains what to put in that agreement, including conditions linked to a clean title.

How much does a mortgage release cost, and who pays?

The official ANCFCC tariff, approved by decree no. 2-16-375 as amended, sets a fixed duty of 500 dirhams per property for registering the release of a mortgage, and the same fixed duty for lifting a seizure (ANCFCC tariff of land registry duties, chapter II).

Bladi reports the same 500 dirham figure for the mainlevée (Bladi on mortgage costs in Morocco).

On top of that, there are usually registration duty on the release deed, the notary’s work and sometimes a bank fee.

For a standard case, Reaconsult estimates the total at around 1,300 dirhams, and says this is an order of magnitude to confirm case by case (Reaconsult, mainlevée procedure and costs, May 2026).

The release clears the seller’s debt, so its cost is normally the seller’s, together with the remaining loan balance and any early repayment charge.

Make sure the draft deed says so, and that none of these items appears in your own costs.

For the costs that genuinely fall on you as buyer, see our breakdown of notary fees when buying property in Morocco.

What if the seller owes more than your price?

This is the difficult case, because the bank has no reason to release a mortgage it will not be fully repaid for (Reaconsult).

The seller then has to add their own money, renegotiate the loan with the bank, or wait and sell later.

As a buyer, do not try to solve this by paying the seller in advance so they can clear the loan.

If the seller cannot show how the full balance will be covered on signing day, treat the deal as unfinished, whatever the agent says.

Warning signs to take seriously

• The seller asks for a large deposit paid to them personally “to close the loan”.
• The seller refuses to let the notary contact the bank for the balance statement.
• The title shows a seizure as well as a mortgage, which can mean the loan is already in default.
• The property is sold well below similar homes with pressure to sign quickly.
• There are several mortgages from different lenders on the same title.

Our list of red flags to check before buying in Morocco covers other pressure tactics you may meet.

Where should your money be while the mortgage is cleared?

With the notary, not with the seller and not with the agent.

Under the notary profession law, notaries deposit the funds they receive for clients with the Caisse de Dépôt et de Gestion, a state financial institution, rather than in ordinary bank accounts (Le360 on notaries’ deposits at the CDG).

That is what allows the notary to repay the seller’s bank first and pay the seller only the balance.

Ask the notary for a written receipt for every amount you pay, with the reference of the property and the purpose of the payment.

For every payment option, from international transfers to crossed cheques, see how to pay for a Moroccan property safely.

What did my own purchase teach me about this?

On my first successful purchase in Marrakech, the owner lived in America and his brother opened the property for us.

We agreed on the price, and I paid a guarantee deposit of around €1,000 while waiting about a month for the owner to come back.

It worked out, and the sale went through a notary and was registered in my name.

Looking back, I relied heavily on trust, and today I would not pay anything before seeing a recent certificate showing exactly what is registered on the title.

A charge on the title is invisible on a viewing, but it is the first thing a careful buyer should read.

For a full routine, follow our guide on how to verify a title deed before buying.

Frequently asked questions

Can I buy an apartment in Morocco that still has a mortgage?

Yes, provided the seller’s bank is repaid from the price and the mortgage release is registered with the land registry so the title passes to you without the charge. The notary normally coordinates this on signing day.

What is a mainlevée d’hypothèque?

It is the lender’s formal release of a mortgage once the loan is repaid. It only takes effect on the title when it is registered with the ANCFCC.

How long does a mortgage release take in Morocco?

The land registry usually needs a day or two once the file is complete, but the bank’s release can take several weeks, so start the request early.

Does the buyer pay for the mortgage release?

Normally no. It clears the seller’s debt, so the seller pays it. Check that the draft deed does not shift any of these costs to you.

Is it enough if the seller shows me a letter saying the loan is repaid?

No. The mortgage stays on the title until the release is registered. Ask for a recent property certificate, or let the notary confirm the release is filed.

Should you go ahead with a mortgaged property?

A mortgage on the title is not a reason to walk away, but it is a reason to slow down.

Go ahead when the notary has the bank’s balance statement, the price covers it, and the deed says the bank is repaid from your funds before the seller receives anything.

If any of those three points is missing, do not sign and do not pay.