Rejection of the seizure of an owner's mortgage bond that is encumbering a seized property

Facts

Various debt collection proceedings were initiated against A. X., upon which the debt collection office [Z.] executed the seizure of the real estate Land Register [Z.], Parcel 1069, at the request of the creditors. The seizure deed mentioned a bearer bond in the possession of spouse B. X., which the debtor had gifted to her in 1976. The debt collection office set a 10-day deadline for filing an objection claim pursuant to Art. 109 DEBA.

A. X. and B. X. filed a complaint against the entry in the seizure deed and demanded, among other things, the deletion of the setting of the objection deadline. The cantonal supervisory authority dismissed the complaint, whereupon A. X. and B. X. filed an appeal to the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the owner's mortgage bond encumbering the seized property cannot itself be seized. Therefore, the setting of the deadline for filing an objection claim pursuant to Art. 109 DEBA is inadmissible.

If the bond is in the custody of a third party, it cannot be taken into…