Facts
The Debt Collection Office A. estimated a plot of land in the municipality of B. at CHF 1,960,000 on September 3, 2003. At the request of the debtor and mortgagor X., the District Court of Horgen, as the lower supervisory authority, ordered a new appraisal by an expert. The expert Y. estimated the property at CHF 1,685,000 in an expert opinion dated December 5, 2003, and at CHF 1,750,000 in a supplementary expert opinion dated March 18, 2004.
By decision dated July 9, 2004, the lower supervisory authority set the estimated value at CHF 1,885,000 (estimated value according to the supplementary expert opinion plus CHF 135,000 for demolition costs) and imposed the expert costs and a lump-sum fee of CHF 500 on X. X. appealed against this decision, which the Upper Court of the Canton of Zurich, II. Civil Chamber, as the upper cantonal supervisory authority in debt collection and bankruptcy matters, dismissed by decision dated October 1, 2004.
X. has appealed the decision of the upper supervisory authority to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court by appeal dated October 22, 2004, and has requested in substance that the contested decision and the expert appraisal as well as the first-instance fee be set aside.
Considerations
The appeal is partially justified. The Debt Collection and Bankruptcy Chamber of the Federal Supreme Court has decided that the decision of the lower supervisory authority on the relevant estimated value of the property after a new appraisal by experts is a chargeable act within the meaning of Art. 1 para. 1 of the Fee Ordinance to the Federal Act on Debt Collection and Bankruptcy (GebV SchKG). However, a lump-sum fee of CHF 500 is not permissible, as the fee is limited to a maximum of CHF 150 according to Art. 1 para. 2 GebV SchKG, unless special circumstances justify a higher fee. Since such circumstances were not presented, the fee is to be set at CHF 150.
In all other respects, the appeal is to be dismissed. The Debt Collection and Bankruptcy…