Forced auction of an ancillary apartment - Priority possible?

It's about the following. I own the 2 condominiums of a two-family house + a granny flat. The granny flat belongs to my brother. This granny flat is now being auctioned off through a forced sale. I offered my brother to buy the apartment so that it doesn't come to the forced sale, which was okay for him, but the other party declined. I definitely want to have this granny flat so that I am the sole owner of this house. What is the best way to proceed? Can I talk to the local court so that I have priority since the rest of the house already belongs to me?

Please help.

No ... go to the [ZV] and bid. But why did you let it get this far? A lot has to happen before a [ZV] takes place and it takes time

Priority

You have priority in the foreclosure with the highest bid. Unfortunately.

This should have been considered from the outset in the WEG partition agreement.

Your brother must have very high debts at a bank that he no longer services. This bank is interested in seeing its money again. It can stop the [ZV] if you agree on a price with it beforehand. There is no other way. Karsten

I offered my brother to buy the apartment so that it wouldn’t go to foreclosure auction, he was okay with it but the other party rejected it.

By the other party you probably mean the bank. Since they refused a private sale and thus the cancellation of the foreclosure auction, you have to go to the foreclosure auction yourself and bid for the apartment – with the risk of getting into a bidding war.

We lived in a multi-family house where one of the apartments was also subject to a forced auction. Since I was on vacation, I took a look at the whole thing.

On the day of the auction, there was a proper sightseeing event at the house. Numerous potential buyers were sneaking around the house, ringing doorbells everywhere, and questioning the residents about the apartment. It was ultimately purchased above the estimated price by a real estate agent who knew exactly about the condition and previous renovations.

What I want to say is this: If the bank doesn’t want to sell it directly to you (which is a pity, because the forced auction also incurs corresponding costs), I would quickly start making the apartment or the house look worse ;) Then the interest of others drops massively and your chance of winning the bid increases :-) On the day of the forced auction, just sit in the yard and tell the interested parties a tall tale ;)

Any possible compensation for the lower amount you will then have to negotiate with your brother ;)