Subdivision of Multi-family House - Land Charge

  • Erstellt am 2012-07-26 13:11:49

Panama

2012-07-26 13:11:49
  • #1
I am glad to have found this forum!

I need tips on how to proceed: We own a three-family house (40m2, 95m2, and 135m2 apartments). The entire house is subject to a land charge. The current appraisal value from our bank (which financed the house) exceeds the land charge by about double. We now want to release the 95m2 apartment from the charge and distribute the land charge among the remaining apartments. For this, a declaration of division is, of course, necessary. My question: Does the bank have to agree to this because of its own appraisal?

Thank you very much for an answer!
 

GeorgPuetz

2012-10-31 08:34:31
  • #2
Oops, the post is already three months old, but maybe an answer will still help.

Purely mathematically (sqm, land charge, loan-to-value ratio, ...) it should work. But: the bank is supposed to give up the existing collateral. A lender is generally very reluctant to do that. One argument from the bank could be that the agreed loan condition is only so favorable because the securities were so abundant at the time. It is not easy to prove the opposite.
 

Similar topics
06.08.2016Purchase of a property with a land charge13
08.01.2015How is the amount of the land charge determined in the case of a new construction?14
21.01.2015Financing with an additional mortgage on the parents' house12
18.08.2015Land charge problem with partial areas for financing11
16.11.2015Land charge / mortgage - What financing risk exists?18
17.06.2016Change of mortgage or23
05.01.2017Notary costs too high? Notary fees, mortgage, property costs12
30.08.2017Land charge - Separate financing for land and house12
22.06.2018Register a land charge and increase/change it later?25
01.03.2019Is the KFW loan not registered in the land charge?11
11.10.2020Financing land and house? Taking out a mortgage? Construction costs?151
18.04.2019Buy a second property - on existing mortgage25
29.08.2019Construction financing - mortgage instead of equity?58
02.12.2019Ground charge ordering - notary contract, ground charge...28
20.01.2020Transfer of old, non-assignable mortgage charge12
29.11.2021Authenticate or notarize the land charge?12
05.03.20201% repayment. Which banks? Requirements? Free land charge34
13.08.2020Land charge, how high is it?18
17.08.2021Land charge security on third-party property20

Oben