If the value of the immovables on which the mortgage of the minor or of the adult under guardianship has been registered significantly exceeds what is necessary to guarantee the management of the guardian, the latter may ask the family council or, failing this, the guardianship judge to reduce the registration to the sufficient immovables.
He may likewise ask him to reduce the assessment that had been made of his obligations to the minor.
The legal administrator may, in the same cases, where a registration has been made on his immovables under Article 2398, apply to the guardianship judge to reduce it, either as regards the encumbered immovables or as regards the sums secured.
The guardian and the legal administrator may also, if necessary, under the same conditions, request the total release of the mortgage.
The partial or total cancellation of the mortgage will be made on the basis of a release deed signed by a member of the family council who has been delegated for this purpose or, failing this, on the basis of a decision by the guardianship judge, as regards the tutor’s immovable property, and on the basis of a decision by the guardianship judge, as regards the legal administrator’s immovable property.