Land purchase from the municipality, land register entry

  • Erstellt am 2015-06-02 18:50:48

Alexej22

2015-06-02 18:50:48
  • #1
Hello everyone, we were at the notary today and signed the purchase contract for the plot of land. Now the bank wants the notary to register the full financing amount of 230,000 in the land register. However, he cannot do that because the land is being sold by the municipality and only the land price of 50,000 can be entered. Once the land is paid for, the remaining 180,000 will be registered. But the bank wants to see the land register entry for 230,000 before the first payout.

The notary now wants to ask the bank if the financing amount can be split.

Has anyone had such a case before?
 

Uwe82

2015-06-02 19:03:05
  • #2
Why can't he do that? It is common that the fully required land charges are registered already at or shortly after the purchase. Otherwise, it will also incur more costs for you. It worked perfectly for us
 

nordanney

2015-06-02 20:58:34
  • #3
So you have already concluded the loan agreement and a land charge in the amount of the loan is provided as security. Then you must talk to your bank, which also knows the purchase contract and thus the conditions contained therein (encumbrance authorization). It should actually be no problem for only the TEUR 50 to be registered initially - however, this may also be associated with costs at the bank, since the originally planned financing structure is changed for a certain period. Does the bank have to pay out the full TEUR 50 as well? How do you apply your equity capital?
 

Wastl

2015-06-03 08:05:27
  • #4
We were able to register the full [Grundschuldbetrag] at once. We also bought the property from the municipality. There were no complaints at the time.
 

Uwe82

2015-06-03 08:11:11
  • #5
Like with us. And I also wonder why there should be complaints? Theoretically, a 200m² plot could also be burdened with €20 million. The only one interested in this is the bank, because they have to accept the property as collateral. Well, and the bank customer, because they have to bear the notary costs for it .

As far as I know, splitting would only cause higher costs, because either the existing land charge has to be canceled and newly registered (costs twice) or a subordinate land charge has to be created, and depending on how the financing components look exactly, the bank would not accept that.
 

lastdrop

2015-06-03 08:27:04
  • #6
Why does the seller have any say at all in which [Grundschuld] you want to register?
 

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