Grundschuld löschen genügt nicht! Was sollten Sie tun, wenn Sie den Kredit zurückbezahlt haben?

About this video

• Video Title: Grundschuld löschen genügt nicht! Was sollten Sie tun, wenn Sie den Kredit zurückbezahlt haben?
• Channel: RINCK Notare Rechtsanwälte Fachanwälte
• Speakers: Heiko Müller
• Duration: 00:03:49

Overview

This video explains the process and considerations when a loan secured by a land charge (Grundschuld) has been fully repaid. It clarifies what a land charge is, why an acknowledgment of debt is crucial, and what steps should be taken after loan repayment to fully secure the borrower's interests, going beyond just deleting the land charge from the land register.

Key takeaways

• Understanding Land Charges: A land charge is a security for a bank, established in the land register, allowing the bank to pursue foreclosure or forced sale of the property if loan payments are missed.
• Acknowledgment of Debt: The loan agreement typically includes an acknowledgment of debt (Schuldanerkenntnis), often in an enforceable form, which gives the bank additional rights beyond securing the property itself, such as accessing income or insurance payouts.
• Post-Repayment Options: After repaying the loan, borrowers can either keep the land charge as security for future needs (e.g., renovations) or have it removed from the land register.
• Removing a Land Charge: To remove a land charge, a deletion confirmation from the bank and a deletion application are required, with notarized signatures from the property owner(s).
• Crucial Step - Enforceable Copy: It is vital to also request the enforceable copy of the acknowledgment of debt from the bank, even after the land charge is deleted, to fully protect against any potential future enforcement measures by the bank.