Mortgage value appraisal and Article 13 of the Basic Law

Hello,

I only know of external inspections that the customers do not notice or are only informed about in advance.

As a bank, you also have to make provisions for possible default risks. The properties serve as collateral in addition to your personal liability.

The properties are also appraised because the loans are often securitized or packaged into covered bonds and "sold." Risk transfer to a third party.

Don't worry, it's a completely normal procedure. Our loan agreement only states that external inspections may be conducted. I can understand that you don't want to have photos taken inside.

Hello Otus11,

aha, so that means that fundamental rights are only binding for the state. Everyone else, meaning private individuals or companies, are allowed to curtail them.
From whom is all state authority supposed to protect human dignity? From themselves, since human dignity is only inviolable against the state but not for everyone else? That’s nonsense!

Half-knowledge is nonsense too...

No, that is not what it means. And it does not say that either.

Fundamental rights bind and obligate the state and are meant to protect the citizen from state interventions. This sometimes also includes interventions by laws. The background is the experiences from the Nazi era. They are not meant to be a playground for forum trolls.

For private parties among each other, including entrepreneurs, or the state when acting in a private-law capacity, laws apply. For example, you could loudly call "trespassing" when the experts stand at the door and wait to see if that has any effect...

Dirk is mistaken above in the comparison to the retention of title. The beer would go to me. Because:
Yes, you are the owner.
In the secured case of the loan, you must tolerate foreclosure, §§ 1192, 1147 of the German Civil Code. At the end of which property will be taken from you by a state act.

What constitutes property for private individuals is set by the state in § 903 of the German Civil Code, based on Article 14 of the Basic Law:
- The right to handle the thing as you please
- To exclude others from any interference
- As far as law or rights of third parties do not oppose.

And yes, even the savings bank has rights. Be they contractual ancillary rights or rights arising from changes in the law.

Fundamental rights have limitations and/or reservations of interference by law.
Such is also Article 14 of the Basic Law.

If a private person (the savings bank has public-law municipal sponsors but is corporated under private law, thus acts privately outwardly) sends a private appraiser to a private customer, this is not a state interference in the home, also not under Article 13 of the Basic Law.

I tend to close this topic soon so that even more legal twisting does not happen.
Of course, filing a constitutional complaint is open to you if the savings bank’s answer is not convincing...

What does Nachsicherung mean?

"Nach[be]Sicherung" means that you would have to provide additional collateral (cash, assets, etc.) if the value of the collateral for your mortgage loan (= your house) is not (any longer) sufficient to adequately secure the loan.

This regulation exists in loan agreements. However, I cannot say whether it is usually included in private mortgage loan agreements or bank terms and conditions.

I would be surprised if the topic of Nachsicherung is not included in the loan agreement. However, I cannot guarantee it. As for the basics, it is completely independent whether it is a Sparkasse, cooperative bank, or private bank.