Certificate of rank
The rank certificate (also rank certificate , notary confirmation or rank guarantee is) in the banking system in the order of mortgages as collateral , the certificate of a notary against a bank that a senior-friendly registration a mortgage in favor of the bank there is no impediment.
General
In the loan agreements which sometimes by banks as collateral registration of a mortgage ( mortgage , mortgage ) with the borrower agreed. The registration is usually a payout requirement , so that the payment of the loan until proven registration of the mortgage law in the land register can take place. Since the entry at the land registry can take some time, the certificate of rank bridges this period because the credit institutions equate it with an entry and therefore the payment can take place when the certificate of rank is handed over to the bank. The notarial confirmation of rank therefore serves the purpose of enabling the loan to be secured by the real estate lien to be paid out before the real estate lien is entered.
Certificates of rank occur in all credit transactions that are secured by mortgages and where payment is to be made before the mortgage is entered. This includes, in particular, real estate financing , mortgage loans , investment loans or consumer loans .
content
Before issuing a certificate of rank at the land registry , the notary responsible for the entry carefully checks the current land register situation by inspecting the relevant land register and the basic files in order to assess the basis for issuing his certificate. In particular, he must check whether, in addition to the deletion permits required for exemption from encumbrances, the mortgage bonds are also available. In the rank certificate, he confirms to the bank that he has submitted the application for the entry of the real estate lien to the land registry and that the real estate lien will receive the agreed rank in the land register. In this way, the notary ensures that loans are secured appropriately.
shape
Although not regulated by law, the notary may identification of the issuer rank certificates with sealing provided. As a result, however, they do not become public documents , but remain private documents of the notary and do not develop the character of a document. The certificate of rank represents an independent legal advisory activity within the meaning of Section 24 Paragraph 1 Clause 1 BNotO and is an important lending document for banks . According to § 122 Court and Notary Fees Act , the business value of a certificate of rank is the value of the right applied for. Their fees are 0.3 times the fee for the notarization of the mortgage.
liability
The credit institutions put the ranking certificate on a level with the later entry in the land register, because notaries are liable for incorrect ranking certificates if the ranking position stipulated in the ranking certificate is not reached later during the entry. It is important here that the certificate of rank is addressed to the beneficiary bank. If the notary issues a notarial confirmation that does not correspond to the legal situation, he is liable in accordance with Section 19 Paragraph 1 Clause 1 BNotO for culpable violation of official duties ( official liability ). The liable notary has to position the damaged bank as it would be if it had not paid off the loan. The notary has to compensate for the damage that the bank will suffer as a result of the fact that the land charge entered in its favor in the land register has not received the intended rank.
Individual evidence
- ^ Christian Armbrüster / Diether Huhn / Nicola Preuß / Thomas Renner / Hans-Joachim von Schuckmann, Notarization Act and Service Regulations for Notaries: Commentary , 2009, p. 790.
- ^ Christian Armbrüster / Diether Huhn / Nicola Preuß / Thomas Renner / Hans-Joachim von Schuckmann, Notarization Act and Service Regulations for Notaries: Commentary , 2009, p. 625.
- ^ BGH, judgment of April 26, 2001, Az .: IX ZR 453/99