The Deed of Real Estate Mortgage (Grundschuld) is a fundamental instrument in German real estate financing, used to secure loans and other financial obligations through a charge on real property. This document is essential when property owners need to obtain financing using their real estate as collateral, or when refinancing existing property loans. Unlike some other jurisdictions, German law requires strict formalities for creating real estate security, including mandatory notarization and registration in the Land Register (Grundbuch). The document must comply with various German laws, including the Civil Code (BGB) and Land Registration Code (GBO), and typically includes detailed property descriptions, secured amounts, and enforcement provisions. It's particularly notable that under German law, this security right can exist independently of the underlying debt, making it a flexible tool for property financing.
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1. Parties: Identification of the mortgagor (property owner), mortgagee (usually a bank), and any other relevant parties with their full legal names and addresses
2. Property Description: Detailed description of the mortgaged property including land register details (Grundbuch), plot numbers, and exact location
3. Mortgage Amount: Specification of the principal mortgage amount (Grundschuldbetrag) and currency
4. Interest and Ancillary Payments: Details of interest rate and any additional payments secured by the mortgage
5. Immediate Enforceability: Submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung)
6. Security Purpose Agreement: Definition of the secured claims and purpose of the mortgage (Sicherungszweckvereinbarung)
7. Registration Authorization: Authorization for land register entry and registration of the mortgage
8. Payment and Discharge Terms: Conditions for payment and eventual discharge of the mortgage
9. Assignment and Transfer: Provisions regarding the transferability of the mortgage
10. Costs and Fees: Allocation of notary fees, registration costs, and other expenses
1. Multiple Properties Clause: Required when the mortgage covers multiple properties, specifying joint liability
2. Priority Agreement: Needed when there are multiple charges on the property to establish ranking
3. Foreign Currency Provisions: Required when the mortgage is denominated in a currency other than EUR
4. Special Repayment Terms: Include when there are specific prepayment or installment arrangements
5. Power of Attorney: Optional section for authorizing representatives to act on behalf of parties
6. Consumer Protection Clauses: Required when the mortgagor is a private individual/consumer
7. Cross-Collateralization: Needed when the mortgage secures multiple obligations or properties
1. Property Details Schedule: Detailed technical description of the property, including plans, boundaries, and land register excerpts
2. Payment Schedule: Detailed breakdown of payment terms, interest calculations, and due dates if applicable
3. Prior Charges Schedule: List of existing charges or encumbrances on the property
4. Secured Obligations Schedule: Detailed description of all obligations secured by the mortgage
5. Land Register Excerpts: Current certified excerpts from the land register (Grundbuchauszug)
6. Property Valuation: Professional valuation report of the mortgaged property
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Legal Services
Construction and Development
Property Investment
Mortgage Lending
Commercial Property
Residential Property
Agricultural Property
Industrial Property
Relevant Teams
Legal
Real Estate
Credit Risk
Mortgage Operations
Compliance
Property Finance
Due Diligence
Loan Administration
Risk Management
Property Management
Relevant Roles
Real Estate Lawyer
Banking Lawyer
Mortgage Officer
Credit Manager
Real Estate Manager
Property Finance Manager
Loan Officer
Compliance Officer
Risk Manager
Legal Counsel
Property Portfolio Manager
Real Estate Investment Manager
Mortgage Underwriter
Due Diligence Officer
Property Valuation Specialist
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