No disbursement of funding - Tax office is slow

Why is he not allowed to do that? What is stopping him? It would be helpful to know the reason in order to possibly provide further advice.

Very, very strange behavior from the bank. They know that the processing of the [Grunderwerbsteuerbescheides] takes a long time in this region, they could certainly find this out without any problems. They also know that the [Grunderwerbsteuer] can be paid by you, they could at least take the necessary equity capital for this (you wanted to pay the incidental costs from equity), separate it, and use it to pay the [Grunderwerbsteuer]. They will also be able to find out that all other documents required for the execution of the contract are present at the notary.

I cannot see any reason why the bank is "burying its head in the sand" here and flatly refusing. The loan officer, with all due respect, has no idea. I would start here and assign his superior to solve this deadlock. It cannot and must not be that this financing is handled so poorly for you because of the bank's incompetence that you cannot fulfill your contractual (and by the way known to the bank) obligations.

Really unbelievable.

I still don't understand the whole thing either. We only received the real estate transfer tax assessment notice months after the notary appointment; if the developer hadn't started by then, the shell of the building would only be finished now. Everything is contractually regulated... strange. I would definitely speak to the caseworker again. WHAT exactly his problem is!?

I just read the thread with shock. What is going on there? The certificate of non-objection from the tax office is only needed by the notary for the change of ownership. Both the purchase agreements and the land charge are registered beforehand. If the registration of the land charge (for whatever reason) does not take place quickly, the notary issues a notary confirmation (against invoice). Therefore my questions: - Is an advance notice of conveyance registered? (must be registered, as this is usually always a prerequisite for the payment of the purchase price) - Is the land charge already registered in the correct rank? The bank does not need more for a disbursement. As an alternative to the registration of the land charge, there is the notary confirmation or the above-mentioned ranking certificate. That was the case 20 years ago and is still valid today.

So the bank does not pay out because it basically has no "security". I don't know if this was maybe overlooked, but it is a leasehold contract. So there is no property as security that we already own.

I can only repeat what the notary and the bank tell us :-(.

Again for understanding what has happened so far:
End of July: notarial deed for the leasehold and the contracts with the contractor
Beginning of August: simple land charge ordered --> sent to the bank
in parallel: information to the tax office

Nothing more has happened so far.
According to the notary, it continues as follows:
tax assessment --> payment of it --> certificate of no objection --> land register execution

Because the latter takes time, only then can the notary confirmation occur.

I cannot tell the notary to please issue it to us if he thinks he cannot?! Or can I?

The priority notice of conveyance is not registered, in the case of a leasehold it is called something else, unfortunately I have forgotten the name for it.

I did not overlook that, but essentially it makes no difference whether it is a "conventional" plot of land or a leasehold plot. The registered land charge here simply secures "only" the house and relies on the (ownership-like) right to use the land. The problem here is probably indeed the fact that the leasehold grantor did not participate in the creation of the land charge. I can only speculate who did not have the process in mind, presumably even the notary who certified the leasehold agreement. If I had to solve the problem, I would have the leasehold grantor participate in the creation of the financing land charge, provided they agree to it. The banker must take care of this; he should have been able to see and have seen it from the very beginning. I hope that this person has not been doing this construction financing for only a few weeks, but can demonstrate many years of experience that can help with solving such problems. It cannot and must not be the tax office's fault, and therefore they do not change their procedures nor expedite applications, precisely because it is NOT a problem that could not be solved through an agreement between the parties.