Prerequisites
Application
The compulsory security mortgage is only registered upon application.
minimum amount of the claim
The total claim must exceed EUR 750. Interest is not taken into account if it is claimed as a secondary claim.
Enforcement can result from several enforcement titles, for example from a judgment and a cost assessment order. Enforcement costs incurred to date can be added.
Inadmissibility of a Compulsory Mortgage
If the debtor has several properties and you want to register the compulsory mortgage on several properties, you must explicitly state which partial claim should be on which property. The partial claims must also be over 750 euros.
pre-registration
The debtor must be registered as owner or co-owner in the land register. If the owner is not registered, although he or she should be, you can use the enforceable title to apply for the correction of the land register.
enforcement title
So-called titles are court decisions (for example, judgments, resolutions, enforcement orders) or a declaration that has an enforceable content (for example, settlements and notarial deeds).
enforcement clause
The enforcement clause is a legally prescribed text on the enforcement title and reads, for example: "The above copy is issued to the plaintiff for the purpose of compulsory enforcement." As a rule, this text may only be added by the body that issued the enforcement title, which in most cases is the court (so-called enforceable copy). The enforcement clause indicates that the title may be enforced. Enforcement orders do not require such a clause.
delivery
The enforcement title must be served on the debtor before the start of the enforcement proceedings.
The enforcement clause therefore also certifies the delivery. You must arrange for the delivery of other enforcement titles yourself.
maturity
Your claim must be due. This means that if it is not due until the end of a certain day, you must wait until that day.
security deposit
In the case of a judgment that is provisionally enforceable against the provision of security, the compulsory mortgage can only be registered if the debtor has not averted enforcement by paying the security (found in the judgment).
No further obstacles to enforcement
For example, no note about the opening of insolvency proceedings may be entered in the land register.
Documents required
Written application
Your application must contain the following information:
- property name (land register or location designation)
- Information about you (name, address or company and registered office, date of birth)
- in the case of several creditors, the joint relationship (for example in fractions of 1/2 or joint creditorship according to § 428 BGB)
- Information about the debtor (name, address or company name and registered office)
- Information on the enforcement claim, interest, and possible ancillary services
enforcement title
Please attach the following to your 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 claims
- Please make a list of all the claims you wish to make.
- The list must also include payments already made by the debtor.
- For any interest, you must specify the interest rate and the start date.
- The interest cannot be calculated.
- If you claim enforcement costs, you must submit supporting documents.
Please note
Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.
Deadlines
waiting period
In individual cases (for example, in the case of cost assessment orders, precautionary enforcement and notarial deeds), you may only begin enforcement if two weeks have passed since the judgment and the enforcement clause were served on the debtor.