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Book 3 · Law of property  ›  Title 1 · Mortgage › Section 1171

Exclusion by deposit

(1) The right of the unknown creditor also may be excluded by way of the judicial call procedure if the owner is entitled to satisfy the creditor or to give notice of termination, and deposits the amount of the claim for the creditor, at the same time waiving the right of revocation. The deposit of interest is required only if the rate of interest is entered in the Land Register; interest for a period earlier than the fourth calendar year prior to the exclusory order becoming final and binding is not required to be deposited.

(2) Upon the exclusory order becoming final and binding, the creditor is deemed to have been satisfied, unless under the provisions on deposit satisfaction already has occurred. The mortgage certificate issued to the creditor becomes invalid.

(3) The right of the creditor to the deposited amount lapses upon the expiry of 30 years after the exclusory order has become final and binding if the creditor does not report to the depository institution before then; the depositor is entitled to revoke even if they have waived the right of revocation.

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