Swiss Civil Code

¹ If the own­er re­duces the value of the mort­gaged prop­erty, the cred­it­or may re­quest that the court pro­hib­it any fur­ther det­ri­ment­al ac­tion.

² The cred­it­or may be au­thor­ised by the court to take ap­pro­pri­ate meas­ures and may do so even without au­thor­isa­tion if there is risk in delay.

³ He or she may re­quest com­pens­a­tion for the costs of such meas­ures from the own­er and shall ac­quire a li­en on the prop­erty for the cor­res­pond­ing amount. This li­en does not re­quire to be re­cor­ded in the land re­gister and takes pre­ced­ence over all oth­er re­gistered en­cum­brances.⁶²⁰

⁴ If the amount of the li­en ex­ceeds 1000 francs and the li­en is not re­cor­ded in the land re­gister with­in four months of com­ple­tion of the meas­ures, it may not cited in op­pos­i­tion to third parties who rely on the land re­gister in good faith.⁶²¹