Seizure of property
Judicial distribution of the sale price in a property seizure: operation and remedies
By Raphaël MORENON24 June 2025Foreclosure is a complex procedure that culminates in the sale of the property. However, the sale is not the end of the process. An equally decisive stage then begins: the distribution of the price obtained among the various creditors. This phase, the sixth and final stage in the seizure process, is governed by strict rules to ensure that each creditor is paid according to his or her rank. The involvement of a lawyer with expertise in property seizures is essential to supervise this distribution. The law favours a negotiated outcome, the amicable distribution of the sale price. However, when interests diverge and no consensus can be reached, legal action is required. This article focuses on the operation of judicial distribution, the subsidiary but essential mechanism that ensures the settlement of claims in the event of disagreement. Judicial distribution: a subsidiary method of apportionment Judicial distribution of the sale price is not a...
Amicable distribution of the sale price during a property seizure: procedures and interests
Law of guarantees, securities and enforcement measures, Seizure of propertyThe distribution of the sale price of a seized property is the culmination of the seizure procedure. This is a delicate and decisive stage, both for the debtor, who sees his assets realised, and for the creditors, who are waiting to be paid. For non-experts, this phase may seem like a daunting...The third party holder and the real guarantor in property seizures: understanding their roles and protection
Law of guarantees, securities and enforcement measures, Seizure of propertyThe seizure of property is an enforcement measure with far-reaching consequences, which is not limited to the relationship between a creditor and his debtor. Other people, whose status and rights are often misunderstood, may find themselves involved when the seized property has been sold or assigned...Properties subject to seizure and their specific features in property seizure proceedings
Law of guarantees, securities and enforcement measures, Seizure of propertyThe prospect of a property seizure is a considerable ordeal for any debtor. It represents the culmination of a debt recovery procedure and involves assets of major value, often emotional. Understanding which properties can actually be seized is an essential first step in understanding what is at stake and what can be avoided.Pacte commissoire and judicial allocation: alternatives to seizure of property for creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a creditor is faced with an unpaid debt, seizure of property is often seen as the most effective way of recovering the debt from the debtor's assets. However, although this procedure is effective, it is notoriously lengthy and complex. Faced with this situation, French law has...Property seizure: the description of the premises must include the legal aspects of the property, according to the Court of Cassation
Law of guarantees, securities and enforcement measures, Seizure of propertyThe First Civil Chamber of the French Supreme Court (Cour de cassation) has just clarified the scope of the obligations of the court commissioner when drawing up a description report in the context of a property seizure. In a judgment handed down on 26 June 2024 (Cass. 1re civ., 26 June 2024, no. 23-13.236, published in the Bulletin), the Court...Re-bidding in property seizures (e.g. "folle enchère")
Law of guarantees, securities and enforcement measures, Seizure of propertyThe re-bidding procedure (ex folle enchère) allows a property to be re-sold if the winning bidder fails to pay the price.What is the minimum amount for a property seizure?
Law of guarantees, securities and enforcement measures, Seizure of propertyThe question of the minimum amount required to trigger a seizure of property is a legitimate concern for many debtors, who are often faced with real financial difficulties. The idea of losing your home for a small debt may seem disproportionate. Although the law does not set a minimum amount, the procedure is...Amicable sale before auction
Law of guarantees, securities and enforcement measures, Seizure of propertyAn amicable sale before auction is often the preferred solution in property seizures. This mechanism allows the distrainee to sell its property on more favourable terms than in a compulsory sale. 1. Definition and legal framework Amicable sale with judicial authorisation, governed by the...Sale by auction with tenant: legal issues and practical implications
Law of guarantees, securities and enforcement measures, Seizure of propertySo how do you go about an auction with a tenant? Here's how.The adjudication judgement in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyThe adjudication judgment is a special judgment. It offers significant advantages for eviction... but is difficult to obtain. Here are some explanations.Seizure of property and co-ownership
Law of guarantees, securities and enforcement measures, Seizure of propertyIt is sometimes necessary for joint owners' associations faced with chronic non-payment to resort to a seizure of property procedure. This complex procedure has a number of important specific features when used in the context of co-ownership. I. Prerequisites for the initiation of seizure of property proceedings by...Indivisibility in property seizure proceedings: a public policy ground for dismissal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe appeal procedure in property seizures is subject to the principle of indivisibility of the dispute. We take a look at the case law.The interaction between over-indebtedness and seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyOver-indebtedness rarely makes it possible to prevent the sale of a property. However, in certain very specific cases, it can be an interesting solution.Limitation periods applicable to property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe statute of limitations is a crucial factor in property seizure proceedings. It is essential for both creditors and debtors to understand the mechanisms of interruption and suspension and their effects over time.Overbidding in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe outbidding procedure enables a new auction hearing to be held for a property that has just been sold at auction. Here's how it works.Judicial sales / auctions: EVERYTHING you need to know (2025)
Law of guarantees, securities and enforcement measures, Seizure of propertyThe complete guide to property auctions. This document is a summary of the training we provide for investors at law schools.How do I stop a property seizure? The tutorial
Law of guarantees, securities and enforcement measures, Seizure of propertyMany customers ask us how to stop a seizure of property. However, this is a difficult procedure to fight, and the answer to this question is not easy. There are a wide variety of situations, all of which call for different answers. However, there are a few classic solutions....Property seizure: process and analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure involves the sale of a property to pay a debt. We look at how it works and the techniques available to combat it.Informing third parties to the proceedings - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyAs part of the property seizure procedure, third parties to the procedure must be informed that an auction is going to take place. The tenant or occupant in good faith The tenant or occupant in good faith must be informed of the auction at least 1 month before it takes place. A...Legal publicity - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyLegal advertising enables the pursuing creditor to inform the public that an auction sale is going to take place. It enables the public to find out the details of the sale. The Code of Civil Enforcement Procedures strictly governs the way in which this must be done. The pursuing creditor is subject to...
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