How can I finance my property? Problems with notary & bank

  • Erstellt am 2021-10-30 10:09:19

Johnny007

2021-10-30 10:09:19
  • #1
Hello everyone,

I apologize in advance for what is probably a "stupid question" for many.

I signed the purchase contract for the house construction on the land with the notary 3 months ago.

The problem is as follows:

1. Purchase price due at the end of November
2. Mortgage registration on November 04

Now my question: Next week I am supposed to go to the notary, where the bank’s mortgage will be registered with priority. The payment would be mid to late November. However, the bank only pays out if they have the notary confirmation or priority certificate, but I will only receive this after the payment.

How am I supposed to pay for the land?

The notary only told me, sort it out with the bank. The bank says, sort it out with the notary... I'm really getting desperate slowly.
 

Hyponex

2021-10-30 10:38:03
  • #2
Good morning,

so the bank demands the security!

the security is the land charge, which is REGISTERED in the land register.
(the bank wants the entry to already be in the land register before the payout!)

if you order the land charge with the notary on 04.11., then ask him about the processing time at the district court!
He should know that.
and tell him that the payment should be made at the end of November.

if the district court is fast (1-2 weeks processing time) then the land charge will be in the land register by the end of November = security for the bank = payment can be made.

if the district court is slow (usually they need 4-6 weeks for the entry!) then the notary will make a PRIORITY CERTIFICATE for the bank = the priority certificate confirms to the bank that you have ordered the land charge, and that it is with the district court (a notary employee goes with the order to the district court, submits the documents, and gets the stamp!)
this way the bank also has the security = payout can be made
 

Benutzer200

2021-10-30 11:42:07
  • #3

The land charge is ordered at the notary; it is registered by the notary’s application at the land registry office.

With luck, you can get the priority certificate as early as 11/04, if the notary is quick. And then the bank could disburse starting 11/04.

And both are right. The bank says: “Land charge registered in priority or priority certificate.” The notary says, “Clarify with the bank what they want.”
You have to make a decision about what you want.

==> As a banker, I tell you that you place the order for the land charge. Then talk to the notary about having them issue a priority certificate if the land charge is not entered in the land registry by date X. Then tell the bank that you have ordered the land charge (the bank also requires the necessary enforceable original of the land charge ordering deed after the order) and that, if the land charge registration cannot be done in time, they will receive a priority certificate.

Done and you can prove the purchase price by the end of November.
 

Johnny007

2021-10-31 15:23:47
  • #4
Thank you very much for your answers!! You have helped me a lot.

The topic is completely new territory for me.
 

tomtom79

2021-10-31 15:41:50
  • #5
For many, a good bank advisor is worth their weight in gold. It surprises me that your bank does not advise you on this.
 

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