Triple entry in the land register

  • Erstellt am 2015-06-09 16:30:18

Umbau-Susi

2015-06-10 07:02:11
  • #1
I believe it is about something completely different. 7 years is the good conduct period of a private insolvency + processing time. So it will probably be attempted in this way to get the house out of the insolvency estate. The married couple is in the process of divorce + additional third-party owner -> hope to avoid realization through possibly 2 only indirectly involved parties. This has sometimes worked in individual cases if it was initiated early enough. Banks occasionally support it because their security remains unaffected and they are not involved in the quota satisfaction procedure. But if there is a nasty creditor in the process who does not agree to an insolvency plan without realization of the house, there will be a forced auction and the OP’s claim will be placed at the very end. In this respect, stay away, the risk of loss is huge. Sylvia
 

lastdrop

2015-06-10 08:15:41
  • #2


I'm not sure about my own previous post, but: The bank (in 1st rank) would not allow a third party who is not a borrower but holds ownership shares to join the borrowers (implicitly in "2nd rank" after the bank). That would implicitly place the OP in the "3rd rank". Or?
 

Wastl

2015-06-10 08:31:36
  • #3
The bank's mortgage is for securing the loan. If the purchase price covers the loan amount, the money can alternatively be deposited in a savings account and the bank is given garnishment rights or similar there. This way, both can be removed from the land register without fully repaying the loan (if this is not possible), and you can take over the house alone.
 

toxicmolotof

2015-06-10 08:31:41
  • #4
The bank in the first rank (Abt. III) does not care who or what is in the 2nd, 3rd, or xth rank because those are subordinate after all. But the owner is not in the 2nd rank or anywhere else in Abt. III.

The owner is located somewhere completely different (Abteilung I) without rank (at most with shares) and has nothing to do with Abt. III.

And who the owner is only matters "marginally," due to the mortgage.

It becomes interesting with the personal liability of the owners in the land register (again, a different topic) and the borrowers.
 

lastdrop

2015-06-10 08:46:06
  • #5
Look at it from the perspective of the OP: In my opinion, he cannot obtain any meaningful property rights in anything as long as the bank is not refinanced and he is not listed with ownership shares in the land register.

I am not concerned about the priority of the charges.
 

toxicmolotof

2015-06-10 09:02:51
  • #6
And the bank does not care if a third party becomes an owner alongside the spouses, as long as this person signs the [Zweckerklärung] and the security remains as such.

He doesn't even have to become a borrower.
 

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