The Consent to Mortgage Form is a critical document in German real estate transactions and financing. It is used when a property owner agrees to grant a mortgage (Grundpfandrecht) over their property in favor of a lender. This document is mandatory under German law and must be notarized to be valid. It includes essential information such as property details, mortgage amount, party information, and specific consent declarations required by the German land registry (Grundbuch). The form is particularly important as it serves as the legal basis for registering the mortgage in the land register and creates security for the lender. The document must comply with strict requirements under German property law, including the German Civil Code (BGB) and Land Registration Code (GBO), and typically requires careful review by legal professionals to ensure all necessary elements are properly addressed.
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1. Parties (Parteien): Identification of all parties including the property owner(s), lender, and any other relevant parties with their full legal names, addresses, and registration details if applicable
2. Property Details (Grundst眉cksdaten): Precise legal description of the property including land registry details, plot numbers, and address
3. Mortgage Details (Grundpfandrechtdetails): Specification of the type of mortgage, amount, interest rate, and ranking in the land register
4. Consent Declaration (Einwilligungserkl盲rung): Explicit declaration of consent to the creation of the mortgage and authorization for registration
5. Registration Authorization (Eintragungserm盲chtigung): Authorization for the registration of the mortgage in the land register including specific instructions
6. Execution Requirements (Vollzugsanforderungen): Requirements and conditions for the execution and registration of the mortgage
1. Spousal Consent (Ehegattenzustimmung): Required when the property is matrimonial property or when spousal consent is necessary under German family law
2. Priority Notice (Vormerkung): Section dealing with the registration of a priority notice to secure the ranking of the mortgage
3. Special Conditions (Besondere Bedingungen): Any special conditions or restrictions attached to the mortgage consent
4. Power of Attorney (Vollmacht): Required when the consent is given through an authorized representative
1. Property Description Schedule (Anlage Grundst眉cksbeschreibung): Detailed technical description of the property including boundaries, buildings, and specific features
2. Existing Encumbrances Schedule (Anlage bestehende Belastungen): List of existing mortgages, land charges, or other encumbrances on the property
3. Land Register Extract (Grundbuchauszug): Current certified extract from the land register showing the current legal status of the property
4. Payment Instructions (Zahlungsanweisungen): Details of any payment arrangements or instructions related to the mortgage
Relevant legal definitions
Clauses
Relevant Industries
Banking & Finance
Real Estate
Legal Services
Property Development
Construction
Mortgage Lending
Property Investment
Residential Property
Commercial Property
Relevant Teams
Legal
Real Estate
Finance
Mortgage Services
Credit Risk
Compliance
Property Management
Banking Operations
Investment
Client Relations
Relevant Roles
Real Estate Lawyer
Property Manager
Mortgage Advisor
Banking Officer
Legal Counsel
Notary
Land Registry Officer
Real Estate Agent
Property Developer
Finance Manager
Compliance Officer
Real Estate Investment Manager
Credit Risk Officer
Property Finance Specialist
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