All claims not be enrolled at the rank of class 2 automatically land in the lower rank class 5. The rank class 5 is the claim of the creditors who were not satisfied in one of the previous classes. This means in particular the claims of homeowners, who are the last two years ago or claims that go beyond 5% of the market value, can be reported here. However with dubious success, since the real estate mortgage creditors, the banks then proceed as shown. Should the owner community already entered a forced backup mortgage have, this requirement of the fifth rank class is, and can be see the rank class 4 asserted. The question that always arises.
Can she initiate the foreclosure Wohnungseigentumerge community itself from the rank class 2? The answer is Yes, if the following condition is met by submitting the unit value notification of the condo to be auctioned must be shown that the claim to supersedes exceeds 3% of the tax value of the unit. (BGH decision of April 17, 2008;) V DIAL 14/08). “According to change of the original version of the 10 ABS. 3 ZVG way of remedying a defect” the way reform law of the 7.7.2009 (see BGBl. I S. 1707 (1711) “has a new set of half of the legislature is an enforceable title, so section 30 of the tax code of a communication of unit value, not precludes the creditors referred to in no. 2 in paragraph 1.” added.) It is easier to get the unit value notification from the IRS, which has rejected the sending to the owner community, set up in the past from privacy. However, there must be an enforceable title.
Because at the beginning of the auction market value still is not available, is to recommend the community first in accordance with rank class 5 to submit the entire claim, however with the abstract reference to map the extent of the rank class 2 being a part of this. The excess part is then to assign the rank class 5. About the company: The 20.06.1988 founded the company Nowak Immobilien AG from Berchtesgaden. In the year 2000 was the company was transformed into a corporation. Board Member Armin Nowak is publicly appointed and sworn expert for rent and lease. As a real estate expert, he is constant contact for radio and television. Among other things, the company in the Pro7 series has: three candidates – a job worked. The real estate company is specialized in the mediation of residential and commercial real estate for sale or for rent. In addition, still House administrations and authorities is conducted after the way right. The field of real estate auction offered by the company.