Hypothek, Grundpfandrechte

Definition

Basic Definition

A mortgage is a real security interest in a property, which is registered as a land charge in the land register and expires upon repayment of the secured claim.

Detailed Explanation

A mortgage is a real security interest in a property and is one of the legally regulated land charges. It serves as security for banks and private lenders when granting a loan for property purchase, construction financing, or refinancing. Unlike a land charge, a mortgage is strictly tied to the respective claim; once the loan is repaid, the mortgage also ceases. It is registered in the land register, where rank, lending value, and nominal amount have a decisive influence on loan conditions. In the event of payment arrears, the creditor can be satisfied through foreclosure or compulsory administration. Important for borrowers: A deletion permit from the creditor is necessary to remove the land charge from the land register. A notary, bank comparison, and careful examination of land register data protect against unexpected costs and rank risks. For investors, a registered mortgage can also offer tax advantages, as interest on debt can be tax-deductible in certain cases, increasing liquidity in asset planning.