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It is a register with three divisions, which are explained below. There is a hierarchy within these registers. The rights in Division II take precedence over the rights in Division III, unless otherwise agreed in individual cases and also recorded in the land register. There is also a hierarchy within the departments. In case of doubt, the higher-ranking rights suppress the following entries. For example, in the event of a foreclosure auction, the priority secured claims are serviced first. In case of doubt, the subordinated land charges are lost.
Anyone who enters into financing secured by a mortgage should know that they are actually entering into three independent liabilities. The loan agreement is one thing. A land charge is then agreed upon, which can be enforced even if you no longer have any liability at all, or if the land charge does not secure the existing liability. The third contract is the security purpose declaration. It determines which specific claim of the creditor the mortgage is liable for.
German legal practice allows the property to be enforced solely on the basis of the mortgage deed. The fair ones do not check whether the creditor or holder of the deed actually has a claim against the owner of the property. The courts also do not examine whether a declaration of security purpose exists and what its contents are. Rather, the owner was advised that he could bring an action to prevent enforcement. This is very expensive and usually takes longer than foreclosure proceedings. This highly unsatisfactory situation is unlawful in any case when the owners are consumers. This is what the European Court of Justice decided. But the lower German courts don't care about this; If in doubt, as a consumer you have to take the matter to the Federal Court of Justice. Such a procedure is currently underway and can only be invoked in the instance of a higher regional court.