Is a deviation in market value possible when selling real estate within the family?

  • Erstellt am 2021-01-06 19:36:42

Olli-Ka

2021-01-07 11:53:21
  • #1
Where is the problem? It's peanuts, if necessary take out a private loan and pay it off. Screw the penalty interest, it can't be that high on that amount anyway. That way the land register is clean and nothing stands in the way of a transfer / gift / sale. Then you can start again completely fresh at zero with a clean land register. Regards Olli
 

WilderSueden

2021-01-07 12:29:13
  • #2
Are there any special repayment options for the loan? Increase the installment? So that one can simply pay it off faster and then, let's say, cancel the mortgage around mid '22?
 

rpc

2021-01-07 13:49:25
  • #3


My equity is currently enough for about 50% of the market value. I want to use the property as equity in the later financing of the house (100% of course). And therefore not take out a loan for the property.



Is that possible? Sounds like a solution! I'll take that with me! Thanks.



So you think it would also be possible below market value? Unfortunately, the insurer has not been accommodating at all so far.



I don’t understand that either. We have tried every option to reach an agreement with the insurance. Unfortunately without success, therefore further cooperation is also ruled out.



The problem lies with the insurance; I would pay off the amount immediately. However, the insurance will not release us from the contract that way. Therefore, a purchase must take place, then there is a special termination right.



Unfortunately not, we have considered everything. The loan contract will run properly until 12/31/2024.
 

nordanney

2021-01-07 14:03:05
  • #4
How is that supposed to work? The bank issues a release authorization, which goes into the custody of the notary. He may dispose of it if a part of the purchase price is paid to the insurance. Otherwise, nobody can ensure that a repayment will occur. So at least this part of the purchase price must flow now.
 

RomeoZwo

2021-01-07 14:48:29
  • #5
It may be, the OP makes it clear that the remaining debt of 20,000€ is not the problem. Only that the lender does not want to cancel the loan (not even against payment of the VFE). Let's assume the market value of the property is 220,000€, the notary contract states that the 20,000€ remaining debt is immediately due to the lender, the 200,000€ as stated above.
 

apokolok

2021-01-07 14:57:38
  • #6
But is the procedure of the insurance company even lawful? If that were allowed, a land charge would never be deleted. Logically, the bank only has a right to the land charge as long as the loan has not been repaid. If I now offer the bank to repay the loan plus early repayment penalty, it must accept this and accordingly approve the deletion. Maybe get a lawyer involved? This matter seems fishy to me.
 

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