Buying a mortgaged property in Marrakech: property certificate and mortgage release before you sign

Many properties for sale in Marrakech were bought with a loan, and the bank registered a mortgage on them. That is normal and not a defect in itself: the problem appears when nobody deals with it before signing. A property sold “under mortgage” cannot be cleanly transferred while the registration remains on the title.

Why the mortgage matters to the buyer

According to ReaConsult, until the ANCFCC (the land registry agency) strikes the registration, the property remains encumbered by an active mortgage. The same guide adds that without a release, “the notary will refuse to finalise the authentic deed”: the sale is blocked, and a buyer who has already paid a deposit is stuck. It also notes that the problem is often discovered the day before signing, which can kill the transaction.

The buyer’s risk is not only legal: it is a risk of timing and cash. A deposit paid too early ties up your money while the seller sorts things out with their bank.

This check adds to those in our guide on land title versus moulkiya. A mortgage can only be registered on a titled property; on an untitled one, a different risk applies.

Reading the property certificate

The property certificate is the official extract of the land register. According to ReaConsult it shows the owner’s identity and shares, the description and registered area, and all encumbrances: mortgages, seizures, easements, oppositions, plus the history of transfers. It says nothing about the real surface, the condition of the building or its value.

• Price: 100 MAD per certificate, per ReaConsult.
• Delay: 2 days, as confirmed by the ANCFCC leaflet.
• How to get it: at the land registry counter with the title number, online via the ANCFCC portal (digitised titles only), or through a notary or lawyer.
• Freshness: there is no legal validity period; ReaConsult recommends under 30 days for negotiating and a document dated the same day or the day before for the authentic deed.

Ask for it before any payment. If a mortgage appears, ask the seller for the bank’s name and the outstanding balance.

Mortgage release: steps, delays, costs

The release (mainlevée) is the act by which the bank confirms the debt is paid and authorises the registration to be struck. ReaConsult’s guide describes five steps: request to the bank (1 to 2 weeks), bank issues the document (2 to 4 weeks), notary mandated for authentic form (1 week), filing at the ANCFCC and payment of fees (1 to 3 days), then removal of the registration (24 to 48 hours). It cites law 14-07 on land registration, including article 93.

On the ANCFCC side, the official leaflet states that a release is processed “within the day” once filed, so the long delay mostly comes from the bank, not the registry.

On costs, sources differ:

• Bladi.net gives a fixed fee of 500 MAD per property for the release.
• ReaConsult estimates the whole process (registration duties, ANCFCC fees, notary, bank) at about 1,300 MAD.
• Wafir gives 200 to 500 MAD in fixed fees, plus 500 to 1,500 MAD of possible bank administrative fees.

These figures do not necessarily contradict each other (they cover different items), but none replaces a written estimate from the notary. In every case the amounts are modest compared with the property price: the issue is time, not cost.

What we could not verify

We found no reliable source stating whether, on a sale, the buyer remains legally exposed to the seller’s bank, or how the notary arranges repayment from the sale price in practice. Ask the notary and get the answer in writing. Our article on the notary’s role and fees details what they actually check, and the one on prenotation explains how to protect a deposit in the meantime.

Checklist before paying a deposit

• Get a property certificate under 30 days old (100 MAD, 2 days) and read the encumbrances section.
• If a mortgage appears, ask for the bank, balance and a written release timetable.
• Allow 4 to 8 weeks for the release if the seller has not started, based on ReaConsult’s delays.
• Pay the deposit into the notary’s escrow account, never to the seller.
• Write a deadline for signing into the contract and say what happens to the deposit if the release drags on.
• Ask the notary for a written estimate of all fees, release included.