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Lien Affidavit for Germany

Lien Affidavit Template for Germany

A Lien Affidavit under German law (governed by the Bürgerliches Gesetzbuch and related statutes) is a formal sworn statement that establishes or confirms a creditor's security interest in specific property. The document must comply with German notarial requirements and contains detailed information about the property, the underlying debt, and the basis for the lien claim. It serves as an official record for registration with the German Land Registry (Grundbuchamt) and can be used in legal proceedings to enforce the security interest.

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What is a Lien Affidavit?

A Lien Affidavit is a crucial document in German secured transactions, used to formally declare and establish a creditor's security interest in specific property. This document type is particularly important in the German legal system, where formal requirements for creating and registering security interests are strictly regulated by the Civil Code (Bürgerliches Gesetzbuch) and related legislation. The affidavit must be notarized and typically includes detailed information about the property, the underlying obligation, and the basis for the lien claim. It is commonly used in real estate transactions, construction projects, and other situations where creditors need to secure their interests in property. The document serves multiple purposes: it can be used for registration with the Land Registry (Grundbuchamt), as evidence in legal proceedings, and as documentation for debt collection or enforcement proceedings.

What sections should be included in a Lien Affidavit?

1. Title and Jurisdiction: Specifies the document type and governing jurisdiction (Germany)

2. Affiant Information: Details of the person making the affidavit, including full legal name, address, and capacity to make the declaration

3. Property Description: Detailed legal description of the property subject to the lien, including registration details from the Grundbuch (Land Register)

4. Basis of Claim: Description of the underlying debt or obligation giving rise to the lien, including dates, amounts, and relevant contract references

5. Lien Details: Specific details about the lien being claimed, including amount, priority status, and date of attachment

6. Supporting Facts: Factual statements supporting the lien claim, including payment history, demand notices, and relevant communications

7. Declaration of Truth: Formal statement confirming the truth of all statements made in the affidavit under penalty of perjury

8. Execution Block: Space for signature, date, and notarial certification as required under German law

What sections are optional to include in a Lien Affidavit?

1. Prior Liens: Section describing any existing liens or encumbrances on the property, used when there are known prior claims

2. Notice Requirements: Section confirming compliance with any required notices to the property owner or other parties, used when specific notice requirements apply

3. Assignment Information: Details of any assignment of the underlying debt or lien rights, used when the original creditor has transferred rights

4. Corporate Authority: Additional statements regarding corporate authority when the affiant is signing on behalf of a legal entity

What schedules should be included in a Lien Affidavit?

1. Property Documentation: Copies of relevant property records, including Grundbuch extracts and property descriptions

2. Debt Documentation: Copies of contracts, invoices, or other documents evidencing the underlying debt

3. Payment Records: Documentation of payment history and outstanding amounts

4. Notice Documentation: Copies of any notices served and proof of service

5. Authorization Documents: Power of attorney or corporate resolutions if the affiant is acting in a representative capacity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Real Estate

Construction

Banking and Finance

Legal Services

Property Development

Manufacturing

Industrial

Commercial Property

Residential Property

Infrastructure

Maritime (for vessel liens)

Agriculture

Relevant Teams

Legal

Real Estate

Finance

Credit and Collections

Risk Management

Compliance

Corporate Secretariat

Property Administration

Mortgage Operations

Legal Operations

Relevant Roles

Legal Counsel

Real Estate Manager

Property Manager

Credit Manager

Collections Officer

Risk Manager

Corporate Counsel

Compliance Officer

Real Estate Attorney

Finance Director

Security Interest Administrator

Mortgage Officer

Property Rights Specialist

Legal Operations Manager

Corporate Secretary

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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