Authenticate or notarize the land charge?

  • Erstellt am 2020-01-30 19:43:40

schroedinxer

2020-02-11 21:13:51
  • #1
Without the ZV submission, a notarization of the signature was actually sufficient at the notary appointment.
 

Womander

2021-11-23 09:33:42
  • #2
I am currently facing the same problem. I want/have to register a land charge and have read that the certified draft is partly sufficient. How exactly did it go with you? Was the bank okay with it or did they not care? The notary obviously didn’t see any problem with it either? Since it is about several hundred euros, I would be very grateful for an answer. A first inquiry at my bank was unfortunately answered with "that doesn’t work for us, we do it as usual." But I think they didn’t quite understand it either and feared not being able to enter the land register...
 

Womander

2021-11-23 10:46:12
  • #3
And did you have to submit to enforcement? Then apparently it is not possible with just the notarization, I have learned.
 

Benutzer200

2021-11-23 11:31:10
  • #4
Land charge without immediate submission to enforcement proceedings (we for example do not do this at all, as it is really a negative restriction to the detriment of the bank) only certification. With submission to enforcement proceedings = notarization mandatory (stated in the [ZPO]).
 

Womander

2021-11-23 17:46:44
  • #5
Thanks for the information! How could one argue with the bank that immediate submission to the ZV is not necessary? If the bank insists, that option would be dead anyway. What do you mean by "we" don’t do that at all? Do you work at a bank?
 

Benutzer200

2021-11-23 19:33:08
  • #6
Not at all. I wouldn't even engage in that. This creates a real problem for the bank in the event of foreclosure. And yes, I work at a bank with about €10-12 billion in real estate financing every year.
 

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