198
=S=> BGB 1124. 1 If the rent or usufructuary rent is collected before it is attached in favour of the mortgage creditor , or if it is disposed of in another way prior to the attachment , the disposition is effective in relation to the mortgage creditor . If the disposition consists in the transfer of the claim to a third party , the liability for the claim is extinguished ; if a third party acquires a right to the claim , it has priority over the mortgage .
=S=> BGB 1124. 2 The disposition is ineffective in relation to the mortgage creditor to the extent that it relates to the rent or usufructuary rent for a period later than the calendar month current at the time of the attachment ; however , if the attachment is made after the fifteenth day of the month , the disposition is effective insofar as it relates to the rent or usufructuary rent for the following calendar month .
=S=> BGB 1124. 3 If the plot of land is alienated without the claim , this is equivalent to the transfer of the claim to a third party .
|
