Eintragen einer Zwangshypothek

If you have a monetary claim from a judgment or other enforceable title, you can also enforce against the debtor's or the debtor's property (e.g. real estate).

If you have a monetary claim from a judgment or another enforceable title, you can also enforce against the property (e.g. land) of the debtor. To do this, you must first apply for the registration of a forced sale mortgage. If a compulsory auction takes place, this will secure a ranking for your claim against other entitled parties.

Written application

Your application must contain the following information:

• Property designation (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.g. in fractions of 1/2 or joint and several creditors in accordance with § 428 of the German Civil Code).
• Details of the debtor (name, address or company name and registered office)

Enforcement order

Attach to the application

• the original enforceable copy or writ of execution
• a simple or certified copy of the title is not sufficient

The documents will be returned to you after registration.

List of claims

Please draw up a list of all the claims you wish to assert. The list must also include payments already made by the debtor. For any interest, you must indicate the amount of interest and the start date of interest. You do not have to calculate the interest. If you are claiming enforcement costs, you must submit supporting documents.

Application

The forced security mortgage is only registered upon application.

Minimum amount of the claim

over EUR 750.09.
The enforcement can arise from several enforcement titles, e.g. from a judgment and a cost determination order. Enforcement costs incurred to date can be added.

Pre-registration

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

Enforcement order

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

Enforcement clause

The enforcement clause is a legally prescribed text on the enforcement order and reads, for example: "The foregoing copy is granted to the plaintiff for the purpose of enforcement." As a general rule, only the body that issued the writ of execution may affix this text, which in most cases is the court (known as an executory writ). Enforcement orders do not require such a clause.

Service

The enforcement order must be served on the debtor before enforcement begins.
Note: Many judgments and orders must be served by the court without an application. The enforcement order therefore also certifies service. You must arrange for the service of other enforcement orders yourself. To do this, contact the distribution office for bailiff orders of the competent local court at the debtor's place of residence.

Due date

In individual cases (e.g. in the case of cost assessment orders and notarial deeds) you may not commence enforcement until two weeks have passed since service on the debtor.

No further obstacles to enforcement

For example, there must be no entry in the land register regarding the opening of insolvency proceedings.

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

The entry is made as part of the enforcement proceedings and thus - also - against the will of the debtor.

registration of a forced mortgage

The land registry of the district court in whose jurisdiction the property is located is responsible.