Guarantees, securities and enforcement law

  • Optimising the sale of foreclosed assets: out-of-court procedures to help debtors

    By Raphaël MORENON
    27 June 2025
    An attachment procedure is often a dreaded ordeal, perceived as a total loss of control over one's assets. However, debtors are not helpless, and the law provides them with mechanisms to regain the initiative and protect their interests. Far from the image of a systematic public auction, French law favours, where possible, a more humane and often more profitable solution: the amicable sale of seized assets. This little-known alternative allows the debtor to sell the assets in question himself in order to repay his creditors. It is part of a broader framework for protecting debtors during seizure proceedings and offers a way of controlling the timetable and price of the sale, whether of movable property or real estate, where the entire seizure process can be complex. This article details the conditions and advantages of this option...
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