Erfahrungen & Bewertungen zu JASPER Rechtsanwälte

Certificate of Rank (Rangbescheinigung)

1. Term

With a ranking certificate, ranking confirmation or notary's confirmation, the notary declares that a right to be registered is given a specific ranking in the land register before this right is registered. These rights are usually mortgages or land charges. The ranking certificate serves to accelerate the disbursement of the loan. As a rule, credit institutions do not pay out a loan until the mortgage or land charge has been entered in the land register and, in the case of a letter, they have also come into possession of the letter. Only then does the security right over real property come into existence in favour of the creditor. The ranking is determined on the basis of the registration of the security right over real property. With the ranking certificate the notary confirms to the financial institution that the security right over real property is entered in the land register with the correct ranking.

2. Prerequisite for the issue of a ranking certificate

For a ranking certificate it is necessary that the notary presents the application for registration of the security right over real property in the land register. The land register must also be checked on the basis of the land register file for the registration that has already been made. The Rechtspfleger must determine whether dispositions have been made that affect the right but have not yet been executed in the land register. Likewise, it must be checked whether other entries are also available to the land registry which must be observed in advance due to the previous entry and which also concern the same right. If these requirements are all met, the notary can issue the ranking certificate.

3. Early disbursement of the loan

The credit institution will disburse the loan early after the notary has presented the ranking certificate, i.e. before the mortgage is entered in the land register. However, credit institutions are not obliged to do this. Some credit institutions require the registration of the mortgage in the land register despite the ranking certificate.