jump link

citizen service

Where?

You enter your place of residence or the place where you want to contact the administration or use the location sensing.

What?

In the second step, you choose which information you really need.

Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for registration of a compulsory mortgage in the land register

Description

If you have a claim for money from a judgment or other enforceable title, you can also execute the property (e..B. property) of the debtor. To do this, you must first apply for registration of a compulsory mortgage. In the event of a forced auction, you will secure a position for your claim against other entitled persons.

If you have a claim for money from a judgment or other enforceable title, you can also execute the property (e..B. property) of the debtor.

The registration takes place in the context of the enforcement proceedings and thus - also - against the will of the debtor.

Contact the Land Registry of the District Court, where the land register for the debtor's property is kept.

Application

The compulsory mortgage is registered only on request.

Minimum amount of the claim

over EUR 750.09.
Enforcement may result from several enforcement instruments, e.B. a judgment and a decision fixing costs. Execution costs incurred so far may be added.

Pre-registration

The debtor must be registered as the owner or co-owner in the land register.

Enforcement

This refers to a judicial decision (e.B. judgments, orders, enforcement orders) or a declaration with enforceable content (e.B. settlements and notarial documents).

Enforcement clause

The enforcement clause is a legally required text on the enforcement order and reads, for example, that 'the above copy shall be issued to the applicant for the purpose of enforcement'. As a general rule, this text may only be affixing the body which has drawn up the enforcement order, i.e. in most cases the court (so-called enforceable copy). Enforcement notices do not require such a clause.

Delivery

The enforcement order must be served on the debtor before the start of enforcement.
Note: Many judgments and decisions must be delivered by the court without application. The enforcement clause therefore also certifies service. You must instruct you to service other enforcement instruments. To this end, contact the distribution authority for bailiffs orders of the competent local court at the debtor's domicile.

Maturity

In individual cases (e.B. in the case of cost-fixing decisions and notarial instruments), you may not begin enforcement until two weeks have passed since service to the debtor or debtor.

No further obstacles to enforcement

For example.B may not include a note on the opening of insolvency proceedings in the land register.

Written application

Your application must include the following information:

  • Property designation (land register or location designation)
  • Information about you (name, address or company and registered office, date of birth)
  • in the case of several creditors, the joint relationship (e.B. in fractions to 1/2 or total creditworthhes in accordance with Section 428 of the German Civil Code (BGB)
  • Information on the debtor (name, address or company and registered office)

Enforcement order

Add the application to:

  • the enforceable copy or the enforcement order in the original
  • a simple or certified copy of the title is not sufficient

The documents will be returned after registration.

Debt statement

Please make a list of all the claims you wish to make. The list must also include payments already made by the debtor. For any interest, you must specify the amount of interest and the start of interest. Interest cannot be calculated. If you are claiming 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 is determined by Section 34 Of GNotKG (Table B) and the corresponding Appendix 2.

The text was automatically translated based on the German content.

Ministry of Justice Mecklenburg-Vorpommern

No authority found