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From the ESIS sheet to withdrawal: taking out a German mortgage loan
The module’s worked examples, then cases to attempt before revealing their solution · 2 sections · 397 words · 3 min
Worked example
One signature, two possible deadlines
A buyer signs a home loan on Tuesday 3 March 2026 and receives the document at once. If it contains all the mandatory information on withdrawal, 3 March is not counted and the 14 days end when Tuesday 17 March 2026 expires. If the information is missing and the bank supplies it on 4 May 2026, one month runs from receipt, until the end of 4 June 2026. If the bank never supplies it, the right ends when 17 March 2027 expires: twelve months to 3 March 2027, then 14 days.
Practical case
A letter two days in the post
An employee signs a €280,000 home loan for a terraced house at his branch on Tuesday 3 March 2026. He receives the document, with complete mandatory information, immediately; the loan is paid out on 10 March. On 16 March another bank offers him better terms. He sends his withdrawal by registered post on 17 March and the bank receives it on 19 March. Was the withdrawal in time, by when must he repay the money, and what does he owe the bank besides the loan amount?
Hint: First check the start and end of the period under sections 187, 188 and 356b BGB, then the moment section 355(1) BGB relies on for meeting the deadline, and finally section 357b BGB.
Show the solution
The period starts on conclusion, because the document was handed over the same day and the mandatory information is complete. Under section 187(1) BGB 3 March is not counted; under section 188(1) BGB the 14 days end when 17 March 2026 expires. Under section 355(1) BGB sending in time is enough, so the withdrawal of 17 March is in time even though it only arrives on 19 March. Under section 357b(1) BGB the loan must be repaid within 30 days at the latest; for the customer that period starts under section 355(3) BGB when he makes the declaration on 17 March, so it ends on 16 April 2026. Besides the €280,000, under section 357b(3) BGB he owes the agreed borrowing rate for the time from payout on 10 March until repayment, unless he proves a lower value of use, plus any non-recoverable outlays of the bank to public bodies.
Answer: in time (sent on the last day of the period); repayment by 16 April 2026; borrowing rate from 10 March and non-recoverable outlays to public bodies
Educational content, current with the sources cited. It does not replace advice tailored to your situation. These courses are neither certifying nor CPF-eligible: they prepare for no certification registered with the French RNCP or specific register.