Facts
Debt enforcement proceedings for the realization of a mortgage are pending at the Debt Collection Office Eiken against the debtors X. and A. The Debt Collection Office announced the auction of the real estate property Land Registry C., Parcel No. 3. X. filed an appeal against the scheduled auction, which was dismissed by the lower and upper cantonal supervisory authorities. X. then filed a civil law appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the Debt Collection Office had communicated the official valuation of the property to be realized in the auction announcement. According to case law and doctrine, the deadline for contesting the valuation is triggered by the service of the special notice, or at the latest by the service of the auction conditions. However, the appellant had missed the ten-day appeal deadline against the valuation, so her arguments were considered late.
The Federal Supreme Court clarified that the Debt Collection Office is not obliged to separately notify the result of the official valuation. It is sufficient if…