Glossary entry

German term or phrase:

(Grundschuld geben)

English translation:

to grant the securitised loan

Added to glossary by Jon Fedler
Mar 21, 2010 10:45
14 yrs ago
4 viewers *
German term

(Grundschuld geben)

German to English Law/Patents Law: Contract(s)
Wir haben Ihnen die *Grundschuld ausschliesslich im Vertrauen darauf gegeben*, dass das Vertragsverhältnis zwischen xxx und yyy zum Vertriebe cler yyy Produkte bestehen bleibt. Die Begebung der Grundschuld erfolgte ausschliesslich zu diesem Zweck und lediglich als Zeichen guten Willens. What is the right word here for geben? To give? transfer? assign?

See following question!

Proposed translations

-1
1 day 5 hrs
Selected

to grant the securitised loan

I am only putting this in (low certainty) because I am a little uncomfortable with the use of "mortgage" here. The everyday German for mortgage is Hypothek; people very seldom use the term "Grundschuld" to describe a normal mortgage. Every Hypothek is a Grundschuld but not every Grundschuld is a Hypothek.

Anyway, it looks as though nearly everyone agrees on "grant" and the question was how to translate "geben"...
Note from asker:
Thanks David. Although ypur reply came in too late for use (unfortunately), I selected it because it made an important point about the translation of Grundschuld as 'mortgage'. Apropos, my client was not 100% satisfied with "mortgage". but I guess it passed as there's been no reaction.
PPS In case it's not clear, securitised loan would have been more accurate based on the document text (and helped me eunderstand what was going on!!!) Regards Jon
Peer comment(s):

disagree Derek Gill Franßen : Either way, it is certainly not a loan.
3 days 16 hrs
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4 KudoZ points awarded for this answer.
7 mins

grant?

not transfer or assign; I presume this is a bank referring to the grant of a mortgage (although I got many mroe hits for "give a mortgage" but that sounds just slightly "amateur"
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-1
21 mins
German term (edited): Grundschuld geben

(to) issue a mortgage

I suppose I have to suggest this (see http://www.proz.com/kudoz/german_to_english/law:_contracts/3... , where--like David--I also come to the conclusion that one could use "give" here).
;)
Peer comment(s):

neutral David Wright : This is what I first thought of, BUT: "we issued you the mortgage" - the indirect object just sounds wrong to me. (working on a Sunday, derek?)
9 hrs
Both sound off. I discussed this with my mom, who is visiting for the weekend, and we concluded that in AE we would probably "mortgage some object" or "secure a loan with a mortgage." On a side note, we both agreed that "grant" would probably work too. :)
disagree Albert Fischer (Dipl. Jur., LL.B., BDÜ) : Throughout my studies in London, I never heard 'issue' in this context. maybe in the US? Been leafing through my books - no 'issue' of mortgages.
15 hrs
First, it is clear that my answers are for AmE; so BrE may be different and often is, but I am not suggesting BrE. Second, "issue" is used in the National Housing Act, which--I'm sure you would agree--is an authoritative source.
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15 hrs

to grant a mortgage

MacKenzie & Phillips 'Land Law' 9th edition, 19.3

"...grants a mortgage as a security for the repayment of loans..."

'To issue' ist hier wirkich nicht richtig, das bezieht sich mehr auf Wertpapiere und Schuldscheine.
Peer comment(s):

neutral Derek Gill Franßen : I disagree with only with your last statement. Cheers, Albert. :)
7 hrs
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