The enforcement office places an annotation on the title deed/traffic/bank records as a precautionary before foreclosure.
Types of Annotation
- Deed annotation: It does not prevent the sale of real estate, but provides notification to third parties
- Traffic registration annotation: It can prevent the sale of vehicles
- Bank Annotation: Account blockage
- SGK annotation: Salary garnishment
Consequences of Annotation
- 3. notification to persons (buyer knows that the seller is indebted)
- Subsequently placed lien annotations take their turn
- The title deed/traffic appears in the transfer
Removal of Annotation
- Letter from the creditor/enforcement office when the debt is paid
- Automatic when the provisional lien period expires
- Court decision
3. Rights of the Person
- The property can be inherited despite the annotation (risky)
- A claim for compensation is possible
- Request for removal if the annotation has expired
Supreme Court 12. HD
12. HD accepts that the good faith of the "buyer/transferor" of the annotated asset will be discussed, and that the buyer despite seeing the annotation will be considered as bad faith.
Manage the annotation processes with the enforcement lawyer.