Land charge problem with partial areas for financing

  • Erstellt am 2015-08-16 09:22:49

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.
 

nordanney

2015-08-16 11:00:13
  • #2
An entry of a [AV] as well as a land charge on "a yet to be surveyed partial plot of land of ..." is the normal procedure and daily practiced routine. This does not pose any risk to any party, the bank is secured, the buyer has an [AV], and the seller certainly has no problems. There is no objective reason to proceed differently.
 

daytona

2015-08-16 11:06:54
  • #3
: Hello, I actually thought the same until... After inquiring with 2 banks, they informed me that an AV is not sufficient, but the bank wants to be registered as the first charge in the land register of the entire property in case of financing... Contact other banks or negotiate harder?
 

nordanney

2015-08-16 11:35:15
  • #4
It is clear that the bank is not satisfied with the [AV]. This secures your claim for the transfer of ownership. The land charge must also exist - for the bank. If the [AV] is registered on the subparcel to be surveyed, why not also the land charge?
 

daytona

2015-08-16 17:36:23
  • #5
: Sorry that I am asking again so naively. Does it have to be separately agreed in the notarial deed that a land charge can be registered on the part area still to be surveyed, or does this automatically arise in the process from a certain stage of progress: notarial deed, preliminary purchase agreement, payment, surveying, cadastral office update (plot number), proof of identity, etc.?
 

nordanney

2015-08-16 23:40:34
  • #6
This results from the purchase contract; a power of attorney for encumbrance must be present there. However, the power of attorney for encumbrance must also be available for "normal" cases, when the property already exists. Otherwise, no land charge can be registered (unless the seller participates in the land charge order). For other buyers (of the other areas), a formulation like "... under the condition that the financing bank issues a release of the lien for the non-sold areas..." or something similar is included in the purchase contract. This ensures that only your property is ultimately encumbered (or, for further buyers, only the respective property and not the entire area).
 

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