What is a declaration of purpose for land charges?

What is a declaration of purpose for land charges?

What is a statement of purpose? The declaration of purpose or security agreement is a contract between the bank and the borrower in which both parties agree which specific claims and liabilities are to be secured with the land charge.

What does a land charge order document say?

By ordering a land charge, the owner of a property agrees that a land charge will be entered in the land register. This can only be done via a notary, who will forward the relevant documents to the land registry.

What is a mortgage security agreement?

The term security agreement is used in connection with the land register. There it occurs in the area of ​​real estate liens, by means of which a creditor can secure his loan. The security agreement serves as a connection between the land charge and the associated loan.

When is the land charge ordered?

The certification date at the notary Did you know: A land charge can only be entered in the land register after the final transfer of ownership. However, this only takes place after the purchase price has been paid in full. However, lenders only pay out loans if there is security.

How is a land charge ordered?

This is how the land charge is created. An owner cannot enter a land charge in the land register himself. He has to contact a notary for this. It is the task of the notary to document and certify the will – and thus the consent – ​​of the debtor to create a land charge.

How do I enter a mortgage?

The land charge is entered in the land register in the municipality in which the property is located. Two variants are possible: the land charge with a letter and the land charge without a letter (see also 5. “With and without a letter” – what is the difference between a letter land charge and a registered land charge?).

What does it mean if a land charge is entered in the land register?

A property or property is encumbered with a land charge. It is a so-called real estate lien and serves to secure debts for which the landowner is liable. A mortgage loan is accordingly a building loan, which is secured by entering a mortgage in the land register.

Can you increase the mortgage?

If the increased loan cannot be secured by your land charge, the building interest rate will be increased by the banks. Keep in mind that the bank can demand a prepayment penalty for the premature repayment of the loan.

How is a land charge deleted from the land register?

If you want to have a mortgage deleted, you have to commission a notary to do so. He submits the bank’s deletion permit and the informal application for deletion to the land registry. Incidentally, the creditor may not demand any money for the issuance of the deletion permit.

How much does the deletion in the land register cost?

A sum of 200,000 euros is noted in the land register. So you have to reckon with costs of around 400 to 500 euros for the deletion.

Why should a land charge be deleted?

But why should a real estate owner have a land charge deleted at all? Deletion is usually necessary, for example, if a house is to be sold. Because the buyer does not want to buy a property that is financially burdened – he wants a “clean” entry in the land register.

What do you need to clear a mortgage?

In order to delete an encumbrance on the property, for example a land charge, from the land register, various documents must be submitted to the land registry: Deletion authorization from the registered creditor. Application for deletion of the land charge or consent to the deletion of the owner.

How long does it take to clear a mortgage?

the cancellation permit itself is issued quickly. It depends a bit on how long it takes the bank to check if they can agree to the deletion. The duration of the deletion of the land charge depends on the respective land registry and can take several weeks or even months in certain federal states.

How do I get a deletion permit?

Once you have received the bank’s approval for cancellation, submit a written application for the cancellation of the land charge. An authorized notary then receives this application and the approval. He authenticates them and sends both documents to the land registry.

How can I be removed from the land register?

If your girlfriend wants to be removed from the land register, among other things, she must transfer her ownership to her husband in the context of a notary contract. In other words, she gives up half of the house, that is, half of the value. The notary who certifies this costs approx.

How can I change a land register entry?

The entry in the land register can only be changed by an authorized notary. In the case of a change of ownership with a takeover or purchase agreement, these documents must first be notarized before a change can be made.

When will the land register be rewritten?

Only after the land register has been rewritten is the change of ownership considered complete. Patience is required for the whole procedure: after the purchase contract has been notarized, it can take up to four weeks for the entry in the land register to be rewritten.

Can a dead person be in the land register?

However, if the land registry office becomes aware of the death before the entry is made, the deceased purchaser may no longer be entered as the owner in the land register, because the land registry office may not knowingly make the land register incorrect.

Who inherits if both are in the land register?

If a real estate sale is planned, all heirs must dispose of this jointly. However, it is also possible that a property does not belong to just one person. Classically, this is often the case when both spouses are each half entered in the land register.

How much does a land register entry after inheritance cost?

Costs are incurred for the correction of the land register after the inheritance has occurred. According to No. 14110 KV GNotKG (List of Costs for the Court and Notary Costs Act), a full 1.0 fee is charged at the land registry for the entry of a new owner or a new co-owner.

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