Course programme

Foreclosure Practice

Learning Objectives

Upon completion of this course, participants will be able to:

  1. Identify the conditions for initiating foreclosure proceedings and verify the validity of the enforcement title (titre exécutoire)
  2. Draft and serve the payment order constituting seizure (commandement de payer valant saisie) in compliance with prescribed formalities
  3. Conduct the proceedings through to the orientation hearing and anticipate procedural incidents
  4. Prepare the conditions of sale specification and manage the adjudication process
  5. Handle post-sale matters: proceeds distribution, discharge of registered charges, and eviction

Module 1 – Preparing Foreclosure Proceedings

  • Applicable legislation and jurisdictional rules
  • Land registry searches: mortgage statement, property register
  • The pursuing creditor: standing, capacity, authority
  • The debtor: identification, formal notice
  • The enforcement title: verification, prior service
  • The property: nature, identification, seisability
  • Choice of proceedings: accumulation, concurrence, joinder

Module 2 – Procedure Through to the Orientation Hearing

  • The payment order constituting seizure: mandatory content (Art. R. 321-1 CPCE), service, publication at the land registry
  • Effects of the payment order: unavailability of the property, immobilisation of income
  • The descriptive report of the property
  • The summons to appear: time limits, formalities, notification to registered creditors
  • The conditions of sale specification: drafting, filing, inspection
  • Declarations of claims and notifications

Module 3 – The Orientation Hearing and Procedural Incidents

  • Common procedural rules before the enforcement judge (juge de l’exécution – JEX)
  • The orientation hearing: role of the judge, referral to forced sale or consensual sale
  • Debtor’s defences: challenges, applications for time to pay, conversion
  • Procedural incidents: subrogation, removal from the register, lapse, limitation
  • Nullities: formal defects, substantive defects
  • Appeal of the orientation judgment

Module 4 – Adjudication and Its Consequences

  • Advertising the sale and property viewings
  • Notification to third parties, costs order
  • Conduct of the adjudication hearing: bidding, reserve price
  • Overbid (surenchere) and failed bid
  • Pre-emption and substitution (tenant, agricultural lessee, SAFER, local authorities)
  • Effects of adjudication: transfer of ownership, payment of price
  • Adjudication judgment and title of sale
  • Sanctions against a defaulting successful bidder, rebidding
  • Distribution of proceeds and discharge of registered charges
  • Eviction of the occupant