Facts
In the context of the debt enforcement proceedings on the realization of a mortgage initiated by the Roman Catholic Parish Church Foundation [C.] against [A.A.] and [B.A.] , the Debt Collection Office Zurich 7 conducted the valuation of the single-family house held in joint ownership. The property owners demanded a revaluation by an expert, which the District Court of Zurich ordered. The expert appointed by the District Court, [E.] , valued the property at CHF 4,500,000.--. [A.A.] and [B.A.] filed a complaint with the High Court against the order of the District Court to adopt this valuation, requesting the obtaining of a second expert opinion. The High Court dismissed the complaint, insofar as it entered into the matter.
Considerations
The Federal Supreme Court considers the decision of the lower instance to be in compliance with federal law. It states that according to the relevant provisions of the Debt Collection and Bankruptcy Act, there is no unconditional right to obtain a second expert opinion. Rather, the supervisory authority can decide within its discretion whether to order a further valuation by an expert. The complainants were unable to convincingly demonstrate to the…