Eintragung einer Zwangshypothek in das Grundbuch beantragen

If you have a pecuniary claim from a judgment or other enforceable title, you can also enforce it in the debtor's property (e.B. land).

If you have a pecuniary claim from a judgment or other enforceable title, you can also enforce it in the debtor's property (e.B. land). To do this, you must first apply for the registration of a compulsory security mortgage. If there is a foreclosure auction, you secure a ranking position for your claim against other entitled parties.

Written request

Your application must contain the following information:

• Land name (land register or location designation)
• Personal details (name, address or company and registered office, date of birth)
• in the case of several creditors, the joint relationship (e.B. in fractions of 1/2 or joint creditors in accordance with § 428 BGB)
• Information about the debtor (name, address or company and registered office)

Executory title

Attach to the application:

• the enforceable copy or the enforcement order in the original
• a simple or certified copy of the title is not sufficient

You will receive the documents back after registration.

Statement of receivables

Please make a list of all claims you want to assert. The list must also include payments already made by the debtor. For any interest, you must specify the interest rate and the start of interest. The interest is not to be calculated. If you claim enforcement costs, you must submit the supporting documents.

Application

The compulsory security mortgage is only entered on request.

Minimum amount of the claim

over 750,09 EUR.
Enforcement may result from several enforceable titles, e.B. from a judgment and a decision to determine costs. Enforcement costs incurred so far can be added.

Pre-registration

The debtor must be registered as the owner or co-owner in the land register.

Executory title

This refers to a court decision (e.B judgments, orders, enforcement orders) or a declaration that has an enforceable content (e.B. settlements and notarial deeds).

Enforcement clause

The enforcement clause is a text required by law on the enforceable title and reads, for example: "The above copy shall be issued to the plaintiff for the purpose of enforcement." As a rule, this text may only be affixed by the body that issued the enforceable title, i.e. in most cases the court (so-called enforceable copy). Enforcement orders do not require such a clause.

Delivery

The enforceable title must be served on the debtor before the start of enforcement.
Note: Many judgments and orders must be served by the court without an application. The enforcement clause therefore also certifies service. You must order the service of other enforceable titles yourself. To do so, please contact the distribution point for bailiff orders of the competent district court at the debtor's place of residence.

Maturity

In individual cases (e.B. in the case of cost determination decisions and notarial deeds), you may only begin enforcement if two weeks have passed since service on the debtor.

No further grounds for enforcement

For example.B, no note on the opening of insolvency proceedings may be entered in the land register.

Full fee from the right to be entered, i.e. the claim asserted in total. The amount of the fee results from § 34 GNotKG (Table B) and the associated Annex 2.

The registration takes place in the context of the enforcement proceedings and thus - also - against the will of the debtor.

Entering a compulsory mortgage

Contact the land registry office of the district court, where the land register for the debtor's property is kept.