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Initiate foreclosure: What are the costs?

The most important thing about foreclosure costs

Who has to pay for the costs of the foreclosure?

According to Section 788 (1) of the Code of Civil Procedure (ZPO), the costs incurred for enforcement must be borne by the debtor. They are added to the main claim.

How are these costs composed?

The enforcement costs include court costs, attorney's fees and, if applicable, the fees for the bailiff, provided that he is responsible for the enforcement measure.

What are the foreclosure costs?

How high the costs for enforcement actually turn out to be depends on various factors. The costs for the bailiff are set out in an annex to the Bailiff Costs Act (GvKostG).

What are foreclosure costs and who should pay them?

In the context of a foreclosure, creditors resort to government aid to Enforce claims against debtors. There are various foreclosure measures. This includes the seizure of property, accounts and wages as well as the foreclosure of real estate. Usually there is an enforcement carried out by a bailiff.

If a creditor initiates foreclosure, there are costs. These include the following items, among others:

  • extrajudicial costs
  • Court costs
  • Bailiff costs
  • Attorney's fees and expenses
  • Cost of obtaining an enforceable copy and serving the judgment

But who has to bear the costs of foreclosure? This is stipulated in Section 788 (1) ZPO:

The debtor bears the costs of enforcement, insofar as they were necessary (Section 91); they are to be recovered at the same time as the foreclosure claim.

The enforcement costs must therefore be paid by the debtor. However, this only applies to necessary costs of foreclosure. Costs are considered necessary when these arose in the enforcement of an effective title.

Although the debtor is obliged to pay the costs incurred for enforcement, enforcement is usually carried out together with the main claim. That means that the The creditor must first pay the costs and then get them back from the debtor later. But what happens if the Creditors cannot pay? In this case he can go to the competent enforcement courtApply for legal aid.

How can the costs of foreclosure be calculated?

Both creditors and debtors ask themselves how high the costs to be applied for a foreclosure are. A As a rule, however, there is no general answerbecause different factors have to be taken into account in the calculation.

The Bailiff fees are legally in the Annex to Section 9 of the Bailiff Costs Act (GvKostG) set. For the personal delivery of a title there are fees of 10 euros, the effect of a seizure is 26 euros. However, there may be additional costs if the bailiff for example has to drive to the debtor's home more than oncebecause the person concerned cannot be found there.

Becomes a Attorney called in, he must also be paid for his services. These are additional costs for foreclosure according to RVG (Lawyers' Remuneration Act). In addition, court costs must be charged, which are based on the amount of the claim.
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Initiate foreclosure: What are the costs?
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