daytona
2015-08-16 09:22:49
- #1
Hello,
I have a question to the group whether anyone has experience with this topic and how they possibly solved it without a land charge for the entire property being present in the notary/purchase contract?
How long did the final registration in the land register take for you?
What are actually the risks of a land charge on the entire area for the seller?
Actually, after payment of the purchase price and surveying of the partial plot, the rest is bureaucratic in nature, so why do banks still have so much difficulty with financing before registration in the land register?
Problems with partial areas:
Problems arise if the plot to be encumbered does not yet exist in the land register. This is the case, for example, when a partial area is purchased from a larger property and the official survey (= cadastral update) has not yet been carried out. Since the purchased partial plot legally only exists once the partial area has been formed as an independent property in the land register, the registration of a land charge on this partial area is not yet possible.
Some credit institutions in this case are content with the buyer pledging to them as “substitute collateral” initially what he can already dispose of. This is the claim acquired under the notarized purchase contract to transfer ownership of the partial area. However, many credit institutions do not consider such a pledge of claims (e.g., due to the risk of cancellation of the not yet fulfilled purchase contract) to be sufficient security and do not disburse the loan amounts.
If a timely disbursement for financing the purchase or subsequent construction measures in partial area financing is necessary, the borrower should definitely clarify beforehand whether and under which conditions the credit institution will make a disbursement.
I have a question to the group whether anyone has experience with this topic and how they possibly solved it without a land charge for the entire property being present in the notary/purchase contract?
How long did the final registration in the land register take for you?
What are actually the risks of a land charge on the entire area for the seller?
Actually, after payment of the purchase price and surveying of the partial plot, the rest is bureaucratic in nature, so why do banks still have so much difficulty with financing before registration in the land register?
Problems with partial areas:
Problems arise if the plot to be encumbered does not yet exist in the land register. This is the case, for example, when a partial area is purchased from a larger property and the official survey (= cadastral update) has not yet been carried out. Since the purchased partial plot legally only exists once the partial area has been formed as an independent property in the land register, the registration of a land charge on this partial area is not yet possible.
Some credit institutions in this case are content with the buyer pledging to them as “substitute collateral” initially what he can already dispose of. This is the claim acquired under the notarized purchase contract to transfer ownership of the partial area. However, many credit institutions do not consider such a pledge of claims (e.g., due to the risk of cancellation of the not yet fulfilled purchase contract) to be sufficient security and do not disburse the loan amounts.
If a timely disbursement for financing the purchase or subsequent construction measures in partial area financing is necessary, the borrower should definitely clarify beforehand whether and under which conditions the credit institution will make a disbursement.