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=S=> BGB 1179a. 1 The creditor of a mortgage may demand of the owner that the owner arranges for the deletion of a mortgage having higher or equal priority if , at the time of registration of the mortgage of the creditor , it is merged with the ownership in one person or such merger occurs subsequently . If , after registration of the mortgage given precedence under sentence 1 , the ownership passed to another by way of singular succession , each owner is obliged to delete with regard to the mergers existing at the time of his ownership . The claim for deletion is secured in the same way as if a priority notice had been entered in the Land Register for its security at the same time as the mortgage given precedence .
=S=> BGB 1179a. 2 The deletion of a mortgage which is merged with the ownership in one person under section 1163 ( 1 ) sentence 1 may not be demanded under subsection ( 1 ) unless it appears that the claim to be secured will no longer come into existence ; however , the claim for deletion is available from this point of time on with regard to the mergers existing beforehand . A claim under subsection ( 1 ) is not constituted by the merger of a mortgage with ownership in accordance with section 1163 ( 2 ) .
=S=> BGB 1179a. 3 If , in the case of a favoured mortgage , the requirements under section 1163 are satisfied but the right has not been entered in the Land Register for the owner or his successor in title , the claim for deletion belongs to the registered creditor or his successor in title .
=S=> BGB 1179a. 4 If the priority of a mortgage is reduced , subsections ( 1 ) to ( 3 ) apply with the necessary modifications to the deletion of the mortgage that is prior or equal in rank to it as a result of the change of priority , provided that the time of the registration of the change of priority takes the place of the time of registration of the right with lower priority .
=S=> BGB 1179a. 5 If the creditor of a mortgage has a claim to deletion under the above provisions , it may be agreed that the exclusion of this claim is part of the contents of the mortgage ; the exclusion may be restricted to a specific case of merger . The exclusion is to be stated in the Land Register with a designation of the mortgages which are wholly or partially exempted from the claim for deletion ; if the exclusion has not been agreed for every case of merger , then , in order to define specifically the cases involved , reference may be made to the approval of registration . If the exclusion is cancelled , no claims for deletion arise from this for mergers which existed only prior to the cancellation .
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