Deletion of Mortgage Rights on Certificate of Ownership in the Event That the Mortgage Title Certificate Is Lost in the Kampar Regency

Abstract

The deletion of mortgage rights or roya, is an administrative action that needs to be done so that data about the land always matches the existing reality. Underwriting Rights Roya is regulated in Article 22 of the Underwriting Rights Act. Roya is crossing out the Mortgage Rights in the book on land rights and certificates. Roya is done if the debt guaranteed in the principal agreement has been paid off. After the debt or debtor's loan has been paid off. Then the mortgage is removed by means of processing it at the District / City Land Office. There are times when in practice the deed of mortgage is lost before it is tried due to negligence of the mortgage right (creditors), theft, scattered, or damaged due to force majeure. The loss of the deed of mortgage is not only when it is in the mortgage right before the debtor's debt is paid off, but it can also occur when it is in the debtor's hands after the debt has been paid off, but has not yet been implemented. The certificate of mortgage is proof of a guarantee agreement against the mortgage that has been registered at the Land Agency. It is also binding on third parties who will have an interest in the object of the mortgage. The loss of the mortgage certificate results in unclear binding of the mortgage and the position of the parties after the debtor's debt is paid off. To explain or provide information regarding the lost Mortgage Certificate, in practice a notary deed is usually made by a notary roya deed of mortgage or mortgage.