The cessation of foreclosure is governed by various rules.
Debtors are not at the mercy of foreclosure. You can z. For example, they can defend themselves with various remedies if the enforcement action is unlawful .
For this reason, the legislator also provides for the possibility of a termination of foreclosure in various situations. Because the execution of the foreclosure could bring disadvantages for the debtor , which can be in hindsight, no longer or only very difficult to undo .
The possibility of setting is possible, for example, in the following cases :
- Interim injunction to stop enforcement under Section 769 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO) if the enforcement debtor files an enforcement order
- Provisional cessation of foreclosure in accordance with § 707 ZPO if a reinstatement to the previous status or a retrial has been requested
- Termination of the foreclosure proceedings according to § 30 of the Law on foreclosure and receivership (ZVG), if the creditor approves the recruitment
- Termination of the foreclosure proceedings pursuant to § 30a ZVG at the request of the debtor
Insolvency law also provides for the possibility of hiring. According to section 21 (2) no. 3 of the Insolvency Act (Insolvency Act), the insolvency court may prohibit or temporarily suspend enforcement measures against the insolvent debtor . In this case, the prohibition or the termination of foreclosure (if applicable, against collateral) serves the protection of creditors’ interests.
Termination of foreclosure in the case of an enforcement counterclaim
The following is about the cessation of enforcement measures when the debtor has brought an action for enforcement. With this he raises objections that arose after the conclusion of the oral proceedings on the initial proceedings. He wants to achieve that foreclosure is declared in whole, in part or temporarily inadmissible.
Despite the legal action , there is the possibility that the creditor has started enforcement or that it is imminent. The enforcement counterclaim alone is not enough to prevent the creditor from foreclosure. The debtor must rely on a suspension of foreclosure pending a decision on his claim. For this he must take the temporary legal protection of § 769 ZPO and in this way the foreclosure so provisional set.
Application for (provisional) cessation of foreclosure in accordance with § 769 ZPO
If a debtor requests an interim injunction in addition to the enforcement action until enforcement of the judgment, he must apply to the trial court .
He must conclusively justify the conditions for the success of his enforcement action and make his statements to make it credible. It is advisable to appoint a lawyer here because the application, but also the action is not very easy. The justification of the application must be worked out very carefully .
There is no pattern for the (temporary) suspension of foreclosure. Although the wording may be similar, the written statement must always be tailored to the individual case and above all contain all the essential facts.
The way in which the application is made also depends on which provision the recruitment is to be made.