Secure the enforcement basis as a separate level
Keep the title, evidence of finality or enforceability and any succession documents together. Later balance calculations remain in a different folder.
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Separate claim balance, security and enforcement file
Creditors arrange title, current balance, real-estate security and court file without making a rank forecast.
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BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, corporate law and civil proceedings
We review the court file and property documents, explain the likely legal and financial consequences, and agree the next step with you.
17 July 2026, Mag. Bernhard Brandauer, Rechtsanwalt
For creditors, errors often arise from mixed files rather than a missing document. The enforcement title, current claim balance, contractual security, land register and court enforcement file serve different review purposes.
A reliable working file therefore separates four levels and connects them only through a common index: enforcement basis, current claim calculation, security in rem or contractual security and the court proceeding. This structure shows which information is supported and where a document is still missing.
First orientation
Which file element is not yet clearly separated?
Select the level that currently lacks a clear source reference. The result identifies the documents that belong in that folder.
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Which level cannot yet be supported by its own source reference?
Title, current balance, security and court file answer different legal and economic questions.
All paths at a glance
Overview of all outcomes.
Preparation for creditors →
Build the balance for a clear reporting date
Separate principal, interest, costs, payments and credits. Each version should state the reporting date, calculation path and references to supporting documents.
Match the security instrument with the land register
Connect the mortgage or security instrument with the property, register entry, filing reference and current land register extract. Keep the registered amount separate from the current balance.
Arrange the court proceeding chronologically
File applications, orders, service records, valuations, edict and hearing documents by court reference and date. Link to the claim and security folders without duplicating their source documents.
Prove title and balance separately
Prove title and balance separately
Section 133 Enforcement Act connects an application for judicial auction with an enforceable monetary claim. The title proves the enforcement basis. A current balance schedule instead shows the economic position on a stated date.
A useful balance schedule separates principal, interest, costs, payments and credits. Each item refers to a contract, title, payment record or costs decision. Put the reporting date on each version so that an older calculation is not mistaken for the current position.
If the creditor changes by assignment or universal succession, evidence of that link belongs with the enforcement basis rather than as a line in the balance calculation. This keeps clear who relies on which title for which current amount.
Connect security instruments and land register
Connect security instruments and land register
Place mortgage and security agreements beside a current land register extract. Mark which statement comes from the instrument and which from the register.
For a maximum-amount mortgage, the registered maximum is not the same as the current amount claimed. Section 211 of the Austrian Enforcement Code requires a specific amount for the later distribution and subsection 5 contains a special evidentiary rule for the last balance statement that remained uncontested. The instrument, register entry and current claim calculation therefore remain separate evidence.
This does not replace a priority review. Use the creditor checklist and creditor matrix for structured preparation.
Keep a separate court enforcement file
Keep a separate court enforcement file
The enforcement application, orders, service records, valuation and edict belong in a separate procedural folder. Sort them by date and file reference.
A short file index links every court document to the affected claim, security or land register issue. The source document is nevertheless stored only once. This allows the court proceeding and the private claim development to be updated independently.
No single level is enough for the later distribution of the highest bid. Section 214 of the Austrian Enforcement Code identifies claim filings, the auction file and the land register position as bases for the distribution order; section 216 supplies statutory priority rules. The guidance for creditors helps prepare the necessary records.
File structure
Keep four folders with a distinct review purpose
A common index connects the levels without mixing title, calculation, security and court file.
| Folder | Core documents | Main question answered |
|---|---|---|
| Enforcement basis | Title, enforceability, legal succession | What is enforced and for whom |
| Claim balance | Principal, interest, costs, payments, reporting date | Which amount is currently claimed |
| Security | Security instrument, land register, source deed | Which right is intended to secure which claim |
| Court file | Application, orders, service, valuation, edict | The current stage of the court proceeding |
The file structure alone does not produce a priority or distribution forecast.
FAQ
Frequently asked questions
Why is a current balance figure not enough? +
Its composition, reporting date and supporting documents must be traceable. The enforcement title proves the enforcement basis, while the balance schedule records the later development of the claim.
Does land register order automatically determine distribution? +
No, not by itself. Under section 214 of the Austrian Enforcement Code, the distribution order is based on claim filings, the auction file and the land register position. The statutory priority rules in section 216 also apply.
Is the maximum amount of a mortgage the current claim balance? +
No. The registered maximum limits the security but does not replace a current, evidenced claim schedule. Section 211 requires a specific amount for the distribution.
Should the enforcement file be mixed with the loan file? +
No. Connect them through a file index, but retain the title, balance records, security instruments and court source documents in their respective folders.
Continue on the portal
Continue on the portal
For creditors
Connect title, claim, security and the court proceeding.
Creditor checklist
Prepare documents for claim, security and file review.
Creditor matrix
Record missing documents and review paths in a structured form.
Land register and encumbrances
Match security rights, priority, source instruments and auction conditions.
Topics
ZwangsversteigerungEOLiegenschaftGerichtsakte
Questions about an upcoming auction?
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Contact
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000