Registration of a compulsory mortgage
Source: BUS Rheinland-PfalzIf you have a monetary claim from a judgment or another enforceable title, you can also enforce against the debtor's property (e.g. land). To do this, you must first apply for the registration of a compulsory mortgage. In the event of a forced sale, you will secure a ranking position for your claim against other entitled parties.
The entry is made as part of the enforcement proceedings and therefore - also - against the will of the debtor.
Application
The compulsory security mortgage is only registered on application.
Minimum amount of the claim
over EUR 750.09.
Enforcement may result from several enforcement titles, e.g. from a judgment and a cost assessment order. Enforcement costs incurred to date can be added.
Pre-registration
The debtor must be entered in the land register as the owner or co-owner.
Enforcement order
This is a court decision (e.g. judgments, resolutions, enforcement orders) or a declaration with enforceable content (e.g. settlements and notarial deeds).
Enforcement clause
The enforcement clause is a legally prescribed text on the enforcement order and reads, for example: "The above copy is issued to the plaintiff for the purpose of enforcement." As a rule, this text may only be affixed by the body that issued the enforcement order, i.e. in most cases the court (so-called enforceable copy). Enforcement orders do not require such a clause.
Service
The enforcement order must be served on the debtor before enforcement begins.
Note: The court must serve many judgments and orders without an application. The enforcement clause therefore also certifies service. You must order the service of other enforcement orders yourself. To do this, contact the distribution office for bailiff orders of the competent local court at the debtor's place of residence.
Due date
In individual cases (e.g. cost assessment orders and notarial deeds), you may only begin enforcement if two weeks have passed since service on the debtor.
No further obstacles to enforcement
For example, there must be no entry in the land register regarding the opening of insolvency proceedings.
Written application
Your application must contain the following information:
- Property designation (land register or location designation)
- Personal details (name, address or company name and registered office, date of birth)
- If there are several creditors, the joint relationship (e.g. in fractions of 1/2 or joint creditors in accordance with Section 428 BGB)
- Details of the debtor (name, address or company name and registered office)
Enforcement order
Attach to the application
- the original enforceable copy or the enforcement order
- A simple or certified copy of the title is not sufficient
The documents will be returned to you after registration.
List of claims
Please draw up a list of all the claims you wish to assert. The list must also include payments already made by the debtor. For any interest, you must state the amount of interest and the start of interest. Interest is not to be calculated. If you are claiming enforcement costs, you must submit the relevant receipts.
Full fee from the right to be registered, i.e. the total claim asserted. The amount of the fee results from § 34 GNotKG (Table B) and the associated Annex 2.
16.11.2020
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