Facts
In an enforcement proceeding for the realization of a mortgage, the District Court of Bülach ordered a revaluation of the property concerned. After determining a new estimated value, the mortgage debtor appealed the matter to the High Court of the Canton of Zurich as the upper cantonal supervisory authority for debt enforcement and bankruptcy. The High Court rejected the appellant's request for a further (third) valuation.
The mortgage debtor filed an appeal against this decision of the High Court with the Debt Enforcement and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to the wording and purpose of Art. 9 para. 2 and Art. 99 para. 2 of the Ordinance of the Federal Supreme Court on the Compulsory Realization of Real Estate (VZG), the parties are only entitled to a new valuation by experts, but not to a further expert opinion by the upper cantonal supervisory authority.
While the cantons can decide for themselves whether…