The order of precedence in the foreclosure proceedings was in 10 para 1 No. 2 ZVG new rules, according to the real estate expert Armin Nowak, IVD regional representative Southeast Upper Bavaria and board the Nowak Immobilien AG. The change of the way from 01.07.07 in connection with foreclosure proceedings brought a considerable relief for the recovery of debt defaulting owners, for owners. Therefore now following ranking results from the law: rank class 0: introduction to begleichende costs rank class 1: receivership advances rank class 1a: finding costs in the InsO method rank class 2: limited claims of the apartment owners and recourse of individual homeowners rank class 3: public land loads rank class 4: rights in rem, which is not included in class 6 or 8 are rank class 6: rank class 5: confiscation claims relatively ineffective rem rights rank class 7 : Public land elderly rank class 8: older real rights important for the caretaker is the rank class 2 and 5, where the rank class 2 is preferable. Thus, the housing benefit claims of the apartment owner expressly proceed the in-kind secured creditors (mostly banks). For the enforcement by the homeowners can result due claims to payment of contributions to the burdens and costs of shared ownership and special property, 16 para 2, 28 paragraph 2 and 5 way owed under section, including the advances and provisions, as well as the recourse of individual homeowners. The franchise captured the current and arrears contributions from the year of the seizure and the last two years.
The franchise including all fringe benefits is limited to amounts of not more than 5% of the market value in accordance with section 74a para 5 ZVG. The registration is carried out by the administrator for the community of homeowners. Recourse of individual homeowners will be reported to directly from these.