Lawyer - Seizure of property
Make an appointmentProperty seizure is a complex legal procedure, often perceived as a hardship. It concerns both the creditor seeking to recover a sum owed - for example, as a result of an outstanding mortgage - and the debtor faced with the risk of losing his property.
Given the potentially far-reaching consequences and the difficulty of the procedure, the assistance of a property seizure lawyer is essential.
The role of our foreclosure law firm
Our firm provides a dedicated service. We support both creditors in the rigorous implementation of this enforcement procedure and debtors in representing and defending their rights and preserving their assets as best we can.
With a practice dedicated to these issues, we adopt a pragmatic approach. Whenever possible, we give priority to negotiated solutions, but we are also determined to pursue any litigation that may be necessary.
Our aim is to offer you personalised support, informing you at every stage about the options available to you and the strategy best suited to your specific situation.
Contact our firm for an analysis of your foreclosure situation and a tailored strategy.
Benefit from expert support.
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Understanding foreclosure procedure : a course mastered by our firm
The seizure of property is strictly regulated by the Code of Civil Enforcement Procedures.
Whether a seizure is successful for the creditor or contested by the debtor depends on precise knowledge of the various stages involved and the legal requirements. The cause of the seizure, often unpaid credit, is decisive.
The prerequisites for seizure: our analysis at your service
Before initiating a seizure of property, the creditor must ensure that he or she holds a valid writ of execution evidencing a debt that is due and payable. The property in question must also be seizable.
Failure to comply with these conditions may result in the invalidity of the procedure, or even its failure if a procedural defect is raised.
As far as the creditor is concerned, our firm carries out a meticulous verification of these elements in order to secure the process.
For the debtor, we examine with the same rigour whether these conditions are actually met. We identify any grounds for dispute, whether concerning the validity of the title, the amount of the claim or the seizability of the property.
From the issuing the order from payment to orientation hearing: the key stages at which we can help you
The procedure begins with a bailiff (now commissioner) serving a summons to pay for the seizure of property. This document must contain a number of legal details and comply with the requirements of the Land Registry.
The summons must then be published in the property register within two months of service, failing which it will lapse.
The debtor is then summoned to appear at an orientation hearing, the date of which is set by the court. The filing of the terms and conditions of sale, the key element of the sale, is also required.
Every day counts, because these stages are subject to strict deadlines and formalities, failure to comply with which can have a crippling effect.
Our firm draws up and serves the documents for the pursuing creditor, scrupulously ensuring compliance with the legal framework.
If you are a debtor, we analyse the documents served on you, prepare your defence of the debtor and advise you on the strategy to adopt for the orientation hearing.
The complexity of these initial stages requires expert support. Our firm secures your actions or your defence.
The orientation hearing: a decisive turning point
The orientation hearing before the judicial court is a key stage in the foreclosure procedure.
The enforcement judge checks that the seizure is in order. He rules on any disputes - potential sources of litigation - raised by the debtor or other creditors. He sets the date of the reminder hearing, if an out-of-court sale is authorised, or of the auction.
It is in this judgement that the court may, as a matter of principle or exception, authorise the amicable sale of the seized property or order its compulsory sale (auction). This court decision gives the debtor the opportunity to attempt a sale under better conditions.
We will represent you at the hearing, whether you are a creditor or a debtor, after devising a strategy tailored to your situation.
Our knowledge of legal practice and our legal arguments are designed to guide the judge's decision in your best interests.
Our lawyers can advise you.
The completion of the sale of the seized property defending your interests to the end
Whether the property is sold out of court or by auction, our firm will ensure that your rights are protected.
Amicable sale: a solution to be favoured?
If authorised by the judge, the debtor can sell the property himself. This option can sometimes result in a better main price and avoid the risks and costs of an auction.
A notary will then be required to formalise the sale with the buyer. However, there are specific conditions and deadlines for this: 4 months from the date of the judgment to sign a preliminary sale agreement and a further 3 months to finalise the transaction.
Our firm can advise you on whether to seek an amicable sale. We can help you implement the sale: find buyers, negotiate the terms and conditions. We ensure that the framework set by the referral judgement is respected so that the sale, which is often formalised by a notarial deed, can go ahead and pay off the creditor.
Forced sales (auctions): our expertise in securing the process
If no amicable sale is authorised or carried out within the deadline, or if the judge orders it from the outset, the property is sold at public auction.
This phase includes publication formalities, the determination of the reserve price (the amount of the initial bid), and the auction hearing itself, where the lawyers can place bids. It also includes the management of the aftermath: payment of the price by the successful bidder after the last bid, and any further bids.
Any irregularity may be penalised, sometimes under penalty of nullity.
We monitor the auction procedure on behalf of the pursuing creditor, ensuring that all the necessary steps are taken to complete the sale.
If you are a debtor, we will inform you of your rights and the consequences of the sale. Our firm can also assist you or a potential buyer at auction, or in the event of a higher bid.
The 3 common mistakes to avoid at a property auction (and how our firm can help you prevent them) :
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Failure to comply with the conditions of sale : This document is essential. In particular, it contains a description of the building, town planning information, diagnostic reports, any current leases and co-ownership charges. Our firm will analyse it for you, whether you are a party to the foreclosure or a potential bidder, to identify any points of concern.
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Neglecting ancillary costs: procedural costs (pre-sale costs, fees, registration fees) are added to the main auction price. We provide you with transparent information on the full cost of the sale to be anticipated.
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Not anticipating the consequences of the award: payment of the price within two months is imperative. Failing this, the defaulting buyer is liable to have the bidding reopened (folle enchère) to his detriment. We will guide you through the post-auction obligations to help you secure your purchase or, if you are a creditor, to deal with a defaulting bidder.
Whether the sale is amicable or forced, every detail counts. Make sure your legal representation with our firm.
Don't face your problems alone.
After the sale: price distribution and potential incidents
The completion of the sale does not always mean the end of the procedure. The distribution of the main sale price and the management of any incidents require constant vigilance.
Prize distribution: getting what you're owed
Once the sale price has been consigned, it must be divided among the registered creditors (for example, a bank holding a mortgage for a mortgage), according to their rank. The balance, if any, reverts to the debtor.
Each creditor receives his or her share in accordance with the established order. This phase may give rise to an amicable distribution plan or, in the event of disagreement, to a judicial distribution procedure.
Our firm intervenes to verify the proposed distribution, to ensure that your rank as creditor and the amount due to you are respected. In the event of a dispute, we defend your interests in the judicial distribution procedure so that you can obtain effective payment of the sums owed to you.
Procedural incidents: anticipating and reacting
The property seizure procedure may be punctuated by various incidents at each stage of the proceedings. These may include requests for deeds to be declared null and void, disputes over the substance of the law, difficulties relating to the publication of deeds, etc.
These incidents can delay or even compromise the outcome of the seizure, as each situation is different.
Thanks to our expertise in civil enforcement procedures, we are able to anticipate many of these difficulties. When an incident occurs, we react swiftly to defend your interests. This may involve raising useful objections if you are a debtor, or responding to them in a reasoned manner if you are a creditor.
We are also experts in appeals, such as appeals to the Court of Cassation, where necessary.
Our lawyers will answer your questions.
Why choose our firm? foreclosure lawyerfor your procedure?
Dealing with a property seizure requires specialised legal expertise and a great deal of rigour. As an enforcement lawyer, our firm offers you the following services:
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In-depth and constantly updated knowledge of the law on seizure of property and civil enforcement procedures. Our mission is to cover the entire scope of your case.
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A strategic, personalised approach, whether you are a pursuing creditor or a distrained debtor. We analyse each case individually to determine the best course of action, providing you with appropriate legal advice.
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Rigorous management of deadlines and procedural formalities, which are crucial to the validity and effectiveness of the actions taken.
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A proven ability to manage procedural incidents, disputes and the complex situations that can arise during a property seizure.
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A willingness to seek pragmatic solutions when the situation allows, while firmly and resolutely defending your interests when litigation is unavoidable.
Our aim is to secure your rights and optimise the outcome of the proceedings in your favour.
Our lawyers will answer your questions.
Frequently asked questions
What is a summons to pay for the seizure of property?
This is the deed that a judicial commissioner (formerly a bailiff) issues to the debtor and initiates the property seizure procedure. It orders the debtor to pay his debt (often including an interest rate on the initial loan) within a certain period. It also informs the debtor that if he fails to pay, his property may be sold. This deed renders the property unavailable: the debtor, although still the owner, can no longer sell it freely or encumber it with new security without the creditor's agreement. A reminder of the applicable rules is provided.
Can I sell my property out of court if a seizure procedure has been initiated?
Yes, this is possible under certain conditions. The debtor can ask the enforcement judge, during the orientation hearing at the judicial court (formerly the tribunal de grande instance), for authorisation to sell his property out of court. If permission is granted, the judge will set a deadline and a minimum price. The assistance of a property seizure lawyer is recommended to present this request and to supervise the sale, so that it is valid.
What rights do I have as a debtor at the orientation hearing?
At the orientation hearing, the debtor has the right to challenge the seizure. He can present arguments on the validity of the seizure (for example, on the writ of execution, the amount of the debt or a possible procedural defect). They may also ask for payment terms to be extended under certain conditions, or seek authorisation to sell the property out of court. If the debtor is over-indebted and proceedings are underway before the over-indebtedness commission, this can also be raised. It is essential to be assisted or represented by a lawyer in order to effectively assert your rights and consider any legal recourse.
How does the auction work?
If a compulsory sale is ordered, it takes place at a court hearing. Potential buyers wishing to purchase a seized property are informed in advance by advertisements. Auctions must be conducted by a lawyer registered with the Paris bar or with the local bar. The property is sold to the last bidder, who is then declared the successful bidder. The successful bidder must then deposit the principal price and pay the costs of the proceedings, usually within two months.
What are the legal fees and other costs associated with a property seizure?
There are many procedural costs, and they can be substantial, sometimes making the cost of the sale high. They include the costs of the court commissioner's acts, publication costs, registration fees, the lawyer's fees and the costs of legal publicity. The lawyer's fees are generally set out in a fee agreement. As a creditor, certain costs are advanced and recovered from the sale price. For the debtor, these costs will be in addition to the sale price.
What happens if the winning bidder does not pay the price?
If the winning bidder fails to pay the sale price within the stipulated period (2 months), the sale may be cancelled. The property is then put up for auction again: this is the "re-bidding" procedure. The defaulting buyer may be required to pay the difference between his bid and the resale price, if the latter is lower, as well as various penalties.
How is the sale price divided between creditors?
Once the sale has been completed and the price deposited, it is distributed among the registered creditors (including any third party who has paid in place of the debtor). A distribution plan is drawn up, taking into account the ranking of each creditor (privileges, mortgages). Preferential and mortgage creditors are paid first. If there is disagreement over the draft, a judicial distribution procedure is initiated before the judge. Any balance remaining after payment of all creditors and costs reverts to the debtor.
What is the role of the foreclosure lawyer in this procedure?
Lawyers have a central role to play in property seizures. Representation by a lawyer is compulsory for placing bids and for almost all the steps in the foreclosure procedure. For the creditor, he initiates the proceedings, draws up the documents (such as the summons to appear), represents the creditor at hearings and ensures that the proceedings run smoothly until payment is made. For the debtor, he offers legal advice and legal protection. He raises disputes (for example, disputing a property seizure), examines appeals against seizure, represents the debtor at hearings, and may negotiate solutions (amicable sale, deferred payment). His job is to defend his client's interests at every stage of these often long and complex proceedings.
What documents do I need to prepare for a consultation on a property seizure?
If you are a creditor: the writ of execution (often a notarial deed or judgment), a statement of the debt with an indication of the interest rate, information about the property (title deed) and the debtor. If you are a debtor: the summons to pay equivalent to a seizure, the summons to appear for the court hearing, and any documents relating to your financial situation and the property concerned (e.g. a current loan, information on existing leases). In all cases, proof of identity and any correspondence or documents received relating to the case will be useful. These documents will help your lawyer to assess the conditions for buying or selling the seized property.
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