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Analyses, feedback and legal news on banking law, credit law and enforcement.

629 articles published

Civil procedure

The summons: a multi-faceted legal tool 7 Apr
What do costs really cover? Deciphering article 695 of the Code of Civil Procedure 1 Apr
Challenging a lapsing decision: appeals and strategies 1 Apr

Legal publicity - Seizure of property

In the case of property seizures, legal advertising is not an incidental formality: missed deadlines or incomplete content can compromise the entire auction sale procedure. The CPCE imposes a precise framework for the detailed and simplified posting and publication of notices, which the pursuing creditor must master before embarking on this stage.

Schematics of the foreclosure procedure

Our bible of diagrams relating to the property seizure procedure.

Private sale - Seizure of property

When it comes to foreclosures, the concept of private sale is little understood. It meets a very real practical need, yet is widely practised. How is it possible, and what does it involve?

Appeal of the orientation judgment - Seizure of property

Appealing against a guidance decision is a difficult and tricky procedure. The stakes are high, however, and the slightest misstep can have irreparable consequences.

Incidental hearings in property seizures

When a dispute arises after the orientation hearing in a property seizure procedure, it can only be examined at a separate incidental hearing. This judgment is subject to specific procedural rules that make it very different from the preliminary judgment.

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 property

Terms 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 property

Notification 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.

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.

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