nordanney
2014-11-26 07:50:01
- #1
I did not overlook that, but basically it makes no difference whether it is a "conventional" property or a leasehold property. The mortgage to be registered 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 registration of the mortgage. I can only speculate who did not keep the process in mind, probably even the notary who notarized the leasehold agreement. If I had to solve the problem, I would have the leasehold grantor participate in the registration of the financing mortgage, provided they agree to it. The banker has to take care of this; he should have been able and required to see this from the start. I hope that this construction financing has not only been done for a few weeks but that they have many years of experience that can help with solving such problems. It cannot and must not be the responsibility of the tax office, and therefore they do not change their procedures and do not pull forward any applications, precisely because it is NOT a problem that cannot be solved by party agreement.
Exactly right, it is the same with leasehold. Has a priority notice of conveyance already been registered? Has the leasehold already existed or does it still need to be created?
Have yourself advised very precisely by the banker (who knows what he’s doing!) AND the notary; that’s what they are there for and have probably already received a lot of money for it.
A procedure like yours is actually bread-and-butter business for banks and notaries...