Entering a compulsory mortgage

If you have a claim for money from a judgment or other enforceable title, you can also execute the property (e..B. property) of the debtor. To do this, you must first apply for registration of a compulsory mortgage. In the event of a forced auction, you will secure a position for your claim against other entitled persons.

Written application Your application must include the following information: Property designation (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 (e.B. in fractions to 1/2 or total creditworthhes in accordance with Section 428 of the German Civil Code (BGB) Information on the debtor (name, address or company and registered office) Enforcement order Add the application to: the enforceable copy or the enforcement order in the original a simple or certified copy of the title is not sufficient The documents will be returned after registration. Debt statement 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 amount of interest and the start of interest. Interest cannot be calculated. If you are claiming enforcement costs, you must submit the supporting documents.


Preconditions
application The compulsory mortgage is registered only on request. Minimum amount of the claim over EUR 750.09. Enforcement may result from several enforcement instruments, e.B. a judgment and a decision fixing costs. Execution costs incurred so far may 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 judicial decision (e.B. judgments, orders, enforcement orders) or a declaration with enforceable content (e.B. settlements and notarial documents). Enforcement clause The enforcement clause is a legally required text on the enforcement order and reads, for example, that 'the above copy shall be issued to the applicant for the purpose of enforcement'. As a general rule, this text may only be affixing the body which has drawn up the enforcement order, i.e. in most cases the court (so-called enforceable copy). Enforcement notices do not require such a clause. delivery The enforcement order must be served on the debtor before the start of enforcement. Note: Many judgments and decisions must be delivered by the court without application. The enforcement clause therefore also certifies service. You must instruct you to service other enforcement instruments. To this end, contact the distribution authority for bailiffs orders of the competent local court at the debtor's domicile. maturity In individual cases (e.B. in the case of cost-fixing decisions and notarial instruments), you may not begin enforcement until two weeks have passed since service to the debtor or debtor. No further obstacles to enforcement For example.B may not include a note on the opening of insolvency proceedings in the land register.
The registration takes place in the context of the enforcement proceedings and thus - also - against the will of the debtor.

Responsible for the content
Ministry of Justice Mecklenburg-Vorpommern

Last update or date of publication
16.11.2020