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=S=> BGB 1128. 1 If a building is insured , the insurer may not pay the insured sum to the insured with effect in relation to the mortgage creditor until the insurer or the insured has notified the mortgage creditor that the damage has occurred and once one month has passed since the receipt of the notification . The mortgage creditor may , before the expiry of this period , make an objection to the insurer with regard to the payment . The notification may be omitted if it is impracticable ; in this case the month is calculated from the point of time at which the insured sum becomes due .
=S=> BGB 1128. 2 Where the mortgage creditor has notified the insurer of his mortgage , the insurer may only pay to the insured , with effect in relation to the mortgage creditor , if the mortgage creditor has given his approval to the payment in writing .
=S=> BGB 1128. 3 Apart from this , the provisions governing a pledged claim apply ; the insurer may not , however , plead that he did not know of the mortgage shown in the Land Register .
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