We are happy to offer you individual advice.
Qualified advice on the implementation of lien realization is based on many years of practical experience and legal requirements as well as extensive know-how in various subject areas and product classes.
Advice on individual cases is usually time-consuming. We ask for your understanding that we cannot provide such advice free of charge.
If you would like an individual telephone consultation, please send us the order form with your signature by fax or e‑mail.
We charge 300 euros plus VAT per hour of work or part thereof. The amount will be credited when a recovery order is placed. We will call you shortly after your bank transfer to carry out the consultation.
Landlord’s lien and Berlin eviction.
We have provided answers to the most frequently asked practical questions below. We therefore ask you to first familiarize yourself with this information here. Please also refer to the website on the subject of “Berlin eviction”:
The decision of the Federal Court of Justice of 17.11.2005 (AZ I ZB 45/05 — known as the “Berlin model” — opened up a favorable alternative for landlords to the previous cost-intensive “Prussian eviction”. Since 01.05.2013, the “Berlin eviction” has been enshrined in law via Section 885 a ZPO. Through the involvement of a publicly appointed, sworn auctioneer, the eviction of commercial and private residential leases is now significantly more cost-effective.
The generally publicly appointed, sworn auctioneer is entrusted with carrying out the sovereign act of realizing the lien. The auctioneer is to be understood as part of the legal system that can be called in to carry out this task. The work of the auctioneer contributes both to the realization of the creditor’s claim and to the best possible reduction of the rent debtor’s liabilities. This also makes a social contribution.
Compared to conventional clearance by a bailiff, the financial outlay for a Berlin clearance is significantly lower. This is because there are no considerable costs that the bailiff estimates for collection and storage costs with a forwarding agent.
Landlords with a small number of residential units sometimes have exaggerated expectations with regard to reducing the costs of a “Berlin eviction”. Even if an auctioneer is involved, the legally compliant realization cannot be carried out for virtually nothing. A (private) landlord assumes an entrepreneurial risk through his activity, just like any other entrepreneur. Payment defaults and collection costs must first be borne by the creditor before recourse can be taken against the debtor. However, with the statutory landlord’s lien or eviction claim, the legislator privileges the landlord and the person entitled to evict at this point. In the interests of creditors and debtors, this means that eviction claims can be obtained considerably faster and more cost-effectively than the enforcement claim via legal action and enforcement proceedings.
The legislator stipulates that, pursuant to Section 1235 of the German Civil Code (BGB), objects taken in pledge or objects to be cleared (Section 383 BGB default of acceptance) must be sold by public auction. For the landlord concerned, default of payment is a special situation in which we can support him in realizing the claim in accordance with the law thanks to our many years of experience.
Note: These texts were prepared by Deutsche Pfandverwerrtung Ostermayer & Dr. Gold GbR for information purposes only. Any statements on legal and tax matters contained therein should not be regarded as legal or tax advice. Although this website has been compiled with care, it cannot be ruled out that it is incomplete or contains errors. Furthermore, Ostermayer & Dr. Gold GbR would like to point out that they hold the copyright to all content.
What is the legal definition of an auction?
A contract is concluded at an auction in accordance with § 156 BGB, § 18 VerstV by repeating the highest bid three times by knocking it down at the highest bid. The bid is accepted if the auctioneer establishes that there are no higher bids from the bidders present at the auction venue on the auction date.
What is the legal basis for the realization of a lien or realization due to a clearing claim?
Realization is governed by the relevant provisions of the BGB, HGB and VersteiV.
Why is Deutsche Pfandverwertung commissioned?
The reasons for this are as follows: legally compliant clearance at short notice, legal certainty, time savings and savings on follow-up costs, unbureaucratic, simple initiation of the digitized recovery process, short-term processing, extensive additional services, the best possible recovery proceeds, the fastest possible re-letting and, last but not least, social responsibility. These advantages are what make our reputation, which is why clients choose Deutsche Pfandverwertung.
