Guarantees, securities and enforcement law
Statement of claim in property seizures
By Raphaël MORENON1 April 2026Published on 10 August 2024. Updated on 1 April 2026 - legal developments, case law, FAQ. Your bank or a mortgage creditor has notified you of a declaration of claim in connection with a seizure of property. Or, conversely, you are a registered creditor and must declare your claim to the clerk's office of the enforcement judge after receiving notification of the summons to pay in lieu of seizure. In both cases, the stakes are high: a creditor who fails to declare his claim within the deadline loses the benefit of his mortgage security. The declaration of claim is the act by which the registered creditor asserts his rights in the property seizure procedure. It is a prerequisite for participating in the distribution of the sale price according to the creditor's mortgage ranking. Without it, the creditor will be demoted to the rank of a mere unsecured creditor. The declaration of claim in a property seizure Articles R. 322-12...
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