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=S=> BGB 1137. 1 The owner may assert against the mortgage the defences that are available against the claim to a personal obligor , as well as those available to a surety under section 770. If the personal debtor dies , then the owner may not invoke the fact that his heir has only limited liability for the obligation .
=S=> BGB 1137. 2 If the owner is not the personal debtor , he does not lose a defence by the latter waiving it .
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