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=S=> BGB 1178. 1 A mortgage for arrears of interest and other supplementary payments as well as for costs that are payable to the creditor is extinguished if it is merged with the ownership in one person . Extinction does not take place as long as a third party has a claim for any such performance .
=S=> BGB 1178. 2 It is sufficient for a waiver of the mortgage for the performance set out in subsection ( 1 ) if the creditor makes a declaration to the owner . As long as a third party has a claim for such performance , the approval of the third party is necessary . Approval is to be declared to the person in whose favour it is given ; it is irrevocable .
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