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=S=> BGB 497. 1 To the extent that the borrower is in default in making payments owed on the basis of the consumer loan contract he must pay interest under section 288 ( 1 ) on the amount owed ; this does not apply to real estate loan contracts . With regard to these contracts , the default rate of interest per year amounts to two and a half percentage points above the base rate of interest . In an individual case , the lender may prove that the damage was greater or the borrower may prove that the damage was less .
=S=> BGB 497. 2 Interest incurred after default has occurred must be booked to a separate account and may not be paid into a current account together with the amount owed or other claims of the lender . In regard to such interest , section 289 sentence 2 applies , with the proviso that the lender may only demand damages up to the amount of the statutory rate of interest ( section 246 ) .
=S=> BGB 497. 3 Payments by the borrower which are insufficient to repay the entire debt due are credited , notwithstanding section 367 ( 1 ) , first , towards costs of litigation , then towards the remainder of the amount owed ( subsection 1 ) and finally towards interest ( subsection 2 ) . The lender may not reject instalments . Limitation of the claims for repayment of the loan and interest is suspended from the date when default begins under subsection ( 1 ) until they are determined in a manner described in section 197 ( 1 ) nos . 3 to 5 , but not for more than ten years from the date when they come into existence . Section 197 ( 2 ) does not apply to claims for interest . Sentences 1 to 4 do not apply to the extent that payments are made in response to judicially enforceable instruments whose main claim is for interest .
=S=> BGB 497. 4 Subsections ( 2 ) and ( 3 ) sentences 1 , 2 , 4 and 5 do not apply to real estate loan contracts .
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