Deletion of a forced mortgage from the land register

Dear questioner,

I would like to give you a binding answer to your inquiry based on the information provided as follows:

Unfortunately, it is not known whether the mortgage is a book right or a letter right. Irrespective of this, § 1170 BGB should offer the solution in your case: If a mortgage creditor is not known or, as here, no longer exists, a public notice procedure can be carried out. At the end of the process, it is determined that there are no longer any creditors on the mortgage and that the owner is entitled to the mortgage. By way of a land register correction claim, the mortgage can then be transferred to the owner and canceled by the owner. Alternatively, you can also try to shorten the matter and go directly to the land register correction claim. Because according to your information, it is a compulsory (security) mortgage that is strictly accessory, i.e. it is linked to the existence of a claim even more than a “normal” mortgage. After the mortgage creditor, the GmbH, no longer exists, it can be assumed that the secured claim no longer exists either. Consequently, the land register is evidently incorrect and can be corrected by deleting the mortgage.

I hope to have answered your question in an understandable way and thank you for the trust you have placed in us. If anything is unclear, you can use the free inquiry function.

Kind regards

query from the questioner
02.06.2022 | 17:35

The notary concerned also mentioned that X GmbH could/must be revived,
to effect deletion. Is this really necessary in the case of a compulsory mortgage, which relates to an invoice claim?

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