Facts
The appellant X. initiated foreclosure proceedings against her father Z. with the Debt Collection Office Oberland, Obersimmental-Saanen Branch, for the enforcement of claims secured by a mortgage. On November 26, 2012, Y., the debtor's wife, requested a stay of the foreclosure proceedings until the pending divorce proceedings were finally concluded. The Debt Collection Office rejected the request, whereupon Y. filed a complaint with the Cantonal Court of Bern. The Cantonal Court ordered the stay of the foreclosure proceedings in its decision of June 10, 2013.
The appellant X. filed a civil law appeal against this decision with the Federal Supreme Court. She requested the lifting of the stay and the continuation of the foreclosure proceedings.
Considerations
The Federal Supreme Court states that the complaint filed by the respondent Y. against the decision of the Debt Collection Office was submitted late, as the time limit for filing the complaint was not observed. Therefore, the supervisory authority should not have entered into the merits of the complaint.
Even if the complaint were considered to have been filed in a timely manner, the decision of the supervisory authority would have to be overturned. The prohibition of disposal under Art. 178 of the Swiss Civil Code (ZGB)…