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A Spaniard had fallen behind on his payments for a real estate loan and had not responded to numerous letters from his financing bank. That only changed when the foreclosure auction took place. He was of the opinion that the bank should not have called in the debt and certainly should not have auctioned the property. The bank is also not entitled to enforce the mortgage deed into his property. The ruling is binding for the German courts, but has never found favor there. Most recently, the Federal Court of Justice ruled against the owner and in favor of the bank in a similar case. However, the BGH's ruling precedes that of the ECJ and is therefore no longer tenable. Proceedings are currently underway before the Stuttgart Higher Regional Court, which will take this legal question to the Federal Court of Justice and, in relation to German legal practice, to the European Court of Justice if necessary.