Zuivering
Purging
Purging is the legal process whereby, following an executorial sale of immovable property, the registered mortgages and other limited rights are struck off, enabling the purchaser to acquire the property free of encumbrances.
In Dutch law, purging occurs upon the forced sale of real property. The notary distributes the proceeds among the preferential creditors and thereafter arranges for the cancellation of the mortgages and other in rem rights in the public registers.
This mechanism protects the purchaser, who acquires the property free of encumbrances. It is relevant in cases of default or bankruptcy, where a mortgagee proceeds to enforcement.
In practice, the notary manages the purging and the settlement with the land registry, ensuring that the new owner obtains clean title.
“After the auction, the notary arranged for the discharge of the mortgage, enabling the purchaser to acquire title to the property free of encumbrances.”
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