The Affidavit of Repossession is a crucial document in German civil law proceedings, used when a creditor or their authorized agent needs to formally document the legal repossession of property. This sworn statement, which must comply with German notarial and procedural requirements, is typically required when a borrower defaults on a loan or lease agreement where the property serves as collateral. The document includes essential information such as property identification, circumstances of default, details of the repossession process, and current status of the asset. It serves multiple purposes: providing legal protection for the creditor, creating an official record of the repossession, and serving as evidence in potential court proceedings. The Affidavit of Repossession must be executed in accordance with German legal requirements, particularly those outlined in the Bürgerliches Gesetzbuch (BGB) and Zivilprozessordnung (ZPO), and typically requires notarization to be legally valid.
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1. Declaration Header: Formal opening stating this is an affidavit, including the date and jurisdiction (German court/notary office)
2. Affiant Information: Full legal name, address, and role/authority of the person making the affidavit
3. Property Identification: Detailed description of the repossessed property including all relevant identifying information (serial numbers, registration numbers, etc.)
4. Original Agreement Details: Information about the original financing or lease agreement, including dates and parties involved
5. Default Description: Details of the default that led to repossession rights, including relevant dates and amounts
6. Repossession Process: Step-by-step account of how and when the repossession was carried out, including date, time, and location
7. Legal Authority: Statement of legal right to repossess under German law and the original agreement
8. Current Status: Current location and condition of the repossessed property
9. Verification Statement: Formal statement affirming all information is true and correct under penalty of perjury
10. Signature Block: Space for affiant's signature, date, and notary authentication
1. Third Party Claims: Section addressing any known third-party claims or interests in the property
2. Property Condition Disputes: Detailed account of any disputes regarding the condition of the property at time of repossession
3. Police Involvement: Details of any police presence or reports during the repossession process
4. Witness Statements: Additional sworn statements from witnesses to the repossession
5. Prior Attempts: Documentation of previous attempts to resolve the default or contact the debtor
6. Insurance Details: Information about insurance coverage during and after repossession
1. Schedule A - Property Documentation: Copies of original property documentation (registration papers, serial numbers, photographs)
2. Schedule B - Default Notices: Copies of all default notices and communication attempts with the debtor
3. Schedule C - Photographic Evidence: Dated photographs of the property at the time of repossession
4. Schedule D - Original Agreement: Copy of the original financing or lease agreement
5. Schedule E - Condition Report: Detailed report of the property's condition at time of repossession
6. Schedule F - Chain of Custody: Documentation showing the property's handling and storage since repossession
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