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Referral judgement in property seizure cases
The referral judgement settles the disputes raised by the debtor and directs the seizure towards an amicable or forced sale. The effects of this judgment are significant, as it removes any disputes that could and should have been raised at the referral stage. Analysis.
Seizure of propertyTerms and conditions of sale (CCV) for property seizures
The schedule of conditions of sale is an essential document for ensuring that the foreclosure procedure is properly conducted. It is carefully drafted and filed to meet a variety of objectives. Analysis.
Seizure of propertyNotification of the seizure to registered creditors
When you initiate a property seizure, you must notify all registered creditors of the summons to pay, failing which the proceedings may be cancelled. This notification, which is equivalent to a summons to attend the orientation hearing, is subject to precise rules of form that all solicitors must master.
Can an undivided property be seized?
An undivided property can always be sold by auction. However, the procedure to be followed may vary.
Recourse against a bailiff
When faced with a judicial commissioner who makes a mistake or exceeds his powers, you are not without recourse. The law provides for several ways of challenging his actions or engaging his liability, depending on the nature of the fault. You still need to know which one to use and within what timeframe.
Identification of buildings in deeds published in the property register
Publication of a deed in the property register - sale, order for payment, court order - requires precise identification of the buildings and persons involved. An incomplete cadastral designation or an error concerning the parties will result in rejection of the formality and block the entire procedure.
The descriptive report of the property in foreclosure
In the case of a property seizure, the judicial commissioner must draw up a report describing the condition of the property before the compulsory sale. This document is used to set the hammer price and inform potential bidders.
Lapse of a summons to pay in lieu of seizure
The summons to pay for the seizure of property is the act that triggers the procedure: if it lapses, the entire seizure collapses. If it becomes null and void, the whole seizure collapses. It becomes null and void in particular if the time limit for publication in the property register is not respected or if the procedure is not carried out within the legal time limits. Identifying and invoking this lapse may enable you to annul a seizure procedure brought against you.
Expiry of the summons to pay in the event of seizure
A summons to pay in the form of a seizure order does not produce its effects indefinitely: in the absence of a sale order published in the margin within five years, it lapses ipso jure. This rule, which is specific to civil enforcement procedures, differs from the traditional lapse of proceedings and regularly traps unwary creditors.
The effects of a summons to pay in the form of a seizure on the debtor
You have just received a summons to pay for the seizure of your property: your property is now unavailable and your freedom of administration is restricted. Article R. 321-13 of the Code des procédures civiles d'exécution (French Code of Civil Enforcement Procedures) governs these effects with regard to the debtor, the third-party purchaser and third parties from the date of service and publication. Here is what this means in practical terms.
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