The Consent to Mortgage Form is a fundamental document in Austrian property financing, required whenever a mortgage needs to be registered against real estate in the Austrian Land Registry (Grundbuch). This document is essential for both residential and commercial property transactions where mortgage financing is involved. The form must comply with strict requirements under Austrian law, particularly the Land Register Act (Grundbuchsgesetz) and the Civil Code (ABGB). It serves as the legal basis for creating security interests in real property and must contain specific details about the property, the mortgage amount, and all relevant parties. The document requires notarization and is typically prepared in conjunction with the mortgage loan documentation, forming a crucial part of the security package for lenders.
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1. Parties: Identification of all relevant parties: property owner(s), mortgagor(s), and mortgagee (lending institution)
2. Property Details: Exact legal description of the property as registered in the land registry (Grundbuch), including property number (Einlagezahl), cadastral community (Katastralgemeinde), and share of ownership
3. Mortgage Details: Specific details of the mortgage including the maximum amount secured, interest rate, and ranking of the mortgage
4. Consent Declaration: Express declaration of consent to the registration of the mortgage, including any specific conditions
5. Registration Authorization: Authorization for the registration of the mortgage in the land registry (Grundbuch)
6. Execution: Signature block with notarization requirements and date
1. Prior Encumbrances: Required when there are existing mortgages or other encumbrances on the property that need to be acknowledged
2. Spousal Consent: Required when the property is matrimonial property or when required by family law considerations
3. Corporate Authorization: Required when the property owner is a corporate entity, including reference to relevant corporate resolutions
4. Foreign Language Declaration: Required when any party does not speak German, confirming that the content has been properly translated and understood
1. Property Extract: Current land registry extract (Grundbuchauszug) showing the current state of registrations
2. Identity Documents: Copies of official identification documents of all signing parties
3. Corporate Documents: Where applicable, corporate registration extracts and resolution documents
4. Power of Attorney: If applicable, properly notarized power of attorney documents for any party acting through a representative
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