The previous provision of Polish law applicable in terms of mortgage successions seemed anachronic for many reasons. The answer to the demands reported by the representatives of the doctrine and the constant changes within the market economy was the introduction of a legal solution in the form of permanent mortgage entries system through amendments to the Act on Land and Mortgage Registers and Mortgage which came into force on 20th February 2011 after an 18 months vacatio legis. The fact that the institution of disposing of the emptied mortgage entry is completely new and that it has never been used practically in Polish law, affected the necessity to research, as well as to refer to Polish and foreign materials. The comparative analysis presented in thearticle concerns disposing of an emptied mortgage entry and institutions of the right to restrict the process of advancing mortgages which can be found in Austrian, German and Swiss legal systems.