Apply for registration of a compulsory mortgage in the land register
Description
If you have a pecuniary claim from a judgment or other enforceable title, you can also enforce it in the debtor's property (e.B. land). To do this, you must first apply for the registration of a compulsory security mortgage. If there is a foreclosure auction, you secure a ranking position for your claim against other entitled parties.
Application
The compulsory security mortgage is only entered on request.
Minimum amount of the claim
over 750,09 EUR.
Enforcement may result from several enforceable titles, e.B. from a judgment and a decision to determine costs. Enforcement costs incurred so far can be added.
Pre-registration
The debtor must be registered as the owner or co-owner in the land register.
Executory title
This refers to a court decision (e.B judgments, orders, enforcement orders) or a declaration that has an enforceable content (e.B. settlements and notarial deeds).
Enforcement clause
The enforcement clause is a text required by law on the enforceable title and reads, for example: "The above copy shall be issued to the plaintiff for the purpose of enforcement." As a rule, this text may only be affixed by the body that issued the enforceable title, i.e. in most cases the court (so-called enforceable copy). Enforcement orders do not require such a clause.
Delivery
The enforceable title must be served on the debtor before the start of enforcement.
Note: Many judgments and orders must be served by the court without an application. The enforcement clause therefore also certifies service. You must order the service of other enforceable titles yourself. To do so, please contact the distribution point for bailiff orders of the competent district court at the debtor's place of residence.
Maturity
In individual cases (e.B. in the case of cost determination decisions and notarial deeds), you may only begin enforcement if two weeks have passed since service on the debtor.
No further grounds for enforcement
For example.B, no note on the opening of insolvency proceedings may be entered in the land register.
Written request
Your application must contain the following information:
- Land name (land register or location designation)
- Personal details (name, address or company and registered office, date of birth)
- in the case of several creditors, the joint relationship (e.B. in fractions of 1/2 or joint creditors in accordance with § 428 BGB)
- Information about the debtor (name, address or company and registered office)
Executory title
Attach to the application:
- the enforceable copy or the enforcement order in the original
- a simple or certified copy of the title is not sufficient
You will receive the documents back after registration.
Statement of receivables
Please make a list of all claims you want to assert. The list must also include payments already made by the debtor. For any interest, you must specify the interest rate and the start of interest. The interest is not to be calculated. If you claim enforcement costs, you must submit the supporting documents.
Full fee from the right to be entered, i.e. the claim asserted in total. The amount of the fee results from § 34 GNotKG (Table B) and the associated Annex 2.
Contact the land registry office of the district court, where the land register for the debtor's property is kept.
The registration takes place in the context of the enforcement proceedings and thus - also - against the will of the debtor.
Ministry of Justice Mecklenburg-Vorpommern
16.11.2020
The text was automatically translated based on the German content.
06872 Lutherstadt Wittenberg
06886 Lutherstadt Wittenberg
Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/agwbdsgvo.
Monday 09:00 - 12:00
Tuesday 09:00 - 12:00 and 13:30 - 15:30
Wednesday 09:00 - 12:00
Thursday 09:00 - 12:00
Friday 09:00 - 12:00
