Course programme

Mortgage Practice

Learning Objectives

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

  1. Understand the fundamental mechanisms of the mortgage (hypothèque) and its practical effects
  2. Register and manage a mortgage in professional practice
  3. Identify grounds for rejection or refusal of registration and the available methods of regularisation
  4. Master the challenge of a registration and the potential liability of the professionals involved

Module 1 – General Principles of Mortgage Registration

  • Preliminary orders: summary of required documents, how to obtain them, practical recommendations
  • Drafting the registration application (bordereau d’inscription)
  • The costs schedule

Module 2 – The Provisional Judicial Mortgage

  • Provisional registration:
    • Exemptions from judicial authorisation
    • The application for authorisation
    • Filing at the land registry
    • Post-registration formalities
  • Renewal of provisional registration
  • Conversion to a definitive mortgage: conditions, procedure

Module 3 – Issues Arising from Registration

  • Rejection and refusal of registration: grounds, distinction
  • Regularisation: procedure, time limits
  • Judicial challenges:
    • Appeal against a notification of refusal or rejection
    • Challenges brought by the debtor or the encumbered third party
    • Lawyer’s liability in the management of the registration