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Foreclosure Deed

Foreclosure Deed Template for Germany

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Key Requirements PROMPT example:

Foreclosure Deed

"I need a German Foreclosure Deed for a residential apartment building in Munich, scheduled for auction on March 15, 2025, with five existing tenant leases that need to be preserved and noted in the deed."

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Document background
The Foreclosure Deed (Zwangsversteigerungsurkunde) is a crucial document in German property law, used specifically when a property is sold through forced auction due to default or enforcement proceedings. This document is issued by the competent court (Amtsgericht) after a successful foreclosure auction and serves as the official instrument for transferring property ownership from the defaulting party to the auction winner. The deed must comply with strict requirements under German law, particularly the Zwangsversteigerungsgesetz (ZVG) and Grundbuchordnung (GBO), and contains detailed information about the property, parties involved, auction proceedings, and legal basis for the foreclosure. It is essential for updating the land registry and establishing the new owner's legal title to the property. This document is typically used in situations involving defaulted mortgages, enforcement of judgments, or other circumstances where forced sale of property is legally warranted.
Suggested Sections

1. Official Header: Court designation, file number, and date of the foreclosure auction

2. Property Identification: Detailed description of the foreclosed property including land registry details (Grundbuch information), exact location, and cadastral data

3. Previous Owner Information: Details of the former property owner(s) whose property was foreclosed

4. Successful Bidder Information: Complete details of the winning bidder who is acquiring the property

5. Legal Basis: Reference to the enforcement order and legal grounds for the foreclosure

6. Auction Details: Information about the foreclosure auction, including date, highest bid, and confirmation of payment

7. Transfer Declaration: Formal declaration of property transfer from previous owner to successful bidder

8. Encumbrances: List of remaining encumbrances on the property and those being cleared

9. Cost Distribution: Breakdown of costs and their allocation

10. Official Certification: Court certification and seal section

Optional Sections

1. Special Conditions: Used when there are specific conditions attached to the property transfer or unusual circumstances of the foreclosure

2. Third Party Rights: Include when there are relevant third party rights that survive the foreclosure

3. Tenant Information: Required when there are existing tenants in the property with valid lease agreements

4. Building Permits: Include when there are pending or relevant building permits or violations

5. Environmental Issues: Required when there are known environmental issues or contaminations

Suggested Schedules

1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

2. Cadastral Map: Official property map and cadastral information

3. Auction Protocol: Official protocol of the foreclosure auction proceedings

4. Payment Confirmation: Documentation of payment of the auction price

5. Prior Enforcement Orders: Copies of relevant enforcement orders leading to foreclosure

6. Property Valuation: Official valuation report of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Banking and Financial Services

Legal Services

Property Development

Property Management

Public Sector

Construction

Insurance

Investment Management

Urban Development

Relevant Teams

Legal

Real Estate

Risk Management

Compliance

Property Administration

Asset Management

Investment Management

Corporate Security

Transaction Management

Documentation

Relevant Roles

Real Estate Lawyer

Property Manager

Bank Manager

Legal Counsel

Mortgage Officer

Real Estate Investment Manager

Court Officer

Property Administrator

Compliance Officer

Risk Manager

Real Estate Portfolio Manager

Asset Manager

Property Valuation Expert

Judicial Officer

Real Estate Transaction Manager

Industries






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