The owner cannot create a mortgage for himself to secure his own claim. However, a mortgage created for a third party may become an owner's mortgage. If the claim for which the mortgage has been created has not come into existence, the owner is entitled to the mortgage (§ 1163 (1) sentence 1 BGB). If the claim expires, the owner acquires the mortgage (§ 1163 (1) sentence 2 BGB). It becomes the owner's land charge under § 1177 BGB. If the mortgage is combined with the property in one person without the owner also being entitled to the claim, the mortgage is transformed into a land charge. A third-party mortgage can subsequently become an owner's mortgage if the owner thus also acquires the secured claim in accordance with §§ 401, 412, 1153 BGB.
