By Raphaël MORENON
29 June 2025
When a creditor has a claim that appears to be justified but has not yet been validated by a writ of execution, the wait can be a source of anxiety. The risk that the debtor will organise his insolvency by selling his property is a legitimate concern. Faced with this situation, the judicial conservatory mortgage is a powerful preventive tool. It enables security to be taken over a debtor's property even before a final court decision has been obtained. This measure, which falls into the category of judicial sureties, must be implemented rigorously if it is to be effective. Understanding the procedure, its publicity and its effects is essential for any creditor wishing to secure their rights. The assistance of a law firm with expertise in this area is therefore crucial in navigating the subtleties of this procedure and guaranteeing the future recovery of the debt. Our enforcement practice regularly brings us face to face with these issues. Conditions specific to...
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