Leave lying
As Liegenbelassung is in foreclosure an agreement referred to, which is closed between the mortgage creditor and the Purchaser. In this case, encumbrance creditors and Purchaser are in agreement that a per se according to § 91 , para. 1 BMA going out encumbrance to exist after the addition according to § 91. 2, further BMA.
To this end, the beneficiaries (i.e. the buyer and mortgage holder) declare the existence to the court. This declaration can be made in person or by means of a notarial deed.
The purpose of this is that the buyer can use this mortgage himself again for financing. Thus, the buyer saves the costs for the entry in the land register of a new real estate lien, as well as the costs of a notary for his appointment.
For example, a subordinate land charge is entered in the land register, which would lapse in the event of a foreclosure auction. The buyer and the mortgagee (often banks) agree that the mortgage should remain in place after the auction.
literature
- Rayner Jankowski: Foreclosure Auction24. Foreclosure bidding manual . 3. Edition. Rhombos, Berlin 2007, ISBN 978-3-938807-61-3 .
