Seizure of property
Amicable distribution of the sale price during a property seizure: procedures and interests
By Raphaël MORENON24 June 2025The distribution of the sale price of a seized property is the culmination of the seizure procedure. It 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 the non-expert, this phase can seem like a complex legal maze. However, the law has sought to simplify and speed up this process, in particular by favouring a consensual solution that is consistent with a procedure such as the amicable sale of the property. The involvement of a lawyer with expertise in property seizures is therefore essential in order to navigate between the legal requirements and the interests of each party. This phase, which concludes the seizure of the property, has been radically reworked to promote a quicker and smoother distribution of funds. This article explains the mechanisms involved in the amicable distribution of the price, a procedure designed to avoid the cumbersome nature of a purely legal procedure.
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...Out-of-court sales - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to property seizures, an amicable sale avoids the discount that often results from an auction. However, this solution has its own drawbacks. It is also technical to implement, and often confusing for the notary. Here's where we stand.Schematics of the foreclosure procedure
Law of guarantees, securities and enforcement measures, Seizure of propertyOur bible of diagrams relating to the property seizure procedure.Private sale - Seizure of property
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen 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
Law of guarantees, securities and enforcement measures, Seizure of propertyAppealing against a referral 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
Law of guarantees, securities and enforcement measures, Seizure of propertyThe purpose of the incidental hearing is to settle any difficulties or disputes that are not settled at the orientation hearing. This distinction is important because the incidental judgment is very different from the preliminary judgment. We explain the specific features of this judgment, which is specific to the property seizure procedure. The...Referral judgement in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyThe 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.The orientation hearing for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe orientation hearing is the main stage in the property seizure procedure. It is at this hearing that the debtor can put forward his arguments. It is also at this orientation hearing that the case is directed towards an amicable sale or an auction.Statement of claim in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe declaration of claim is the act by which the registered creditor asserts his rights. When a creditor receives a notice of seizure of property, he must declare his claim at the registry. This notification will enable him to benefit from his mortgage ranking at the distribution stage...Terms and conditions of sale (CCV) for property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyThe 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.Notification of the seizure to registered creditors
Law of guarantees, securities and enforcement measures, Seizure of propertyA creditor who initiates proceedings for the seizure of an immovable property must notify the registered creditors. To this end, he must notify them of the summons to pay for the seizure of the property. The notice must contain specific information. It is equivalent to a summons to appear at the orientation hearing....Summons to the orientation hearing (AAO) in property seizure cases
Law of guarantees, securities and enforcement measures, Seizure of propertyIn property seizures, the summons to the orientation hearing informs the debtor of the conditions under which the proceedings will continue. The debtor can use the summons to devise a defence strategy. Here's where we stand.Summons to pay for the seizure of property (CSI)
Law of guarantees, securities and enforcement measures, Seizure of propertyhe "commandement de payer valant saisie immobilière" (sometimes abbreviated to CSI) is the procedural document that initiates the property seizure procedure. It is an act that the creditor must prepare with great care. For the debtor, its effects are as numerous as they are important.Can an undivided property be seized?
Law of guarantees, securities and enforcement measures, Licitation-partage, Civil procedure, Seizure of immovable propertyAn undivided property can always be sold by auction. However, the procedure to be followed may vary.Can you have your property seized if you pay your mortgage? 3 concepts to master
Law of guarantees, securities and enforcement measures, Seizure of propertyIs it possible to have your property seized if you pay your mortgage? It's unlikely, but it's not impossible.How can you oppose a property seizure? Analysis of 3 solutions
Law of guarantees, securities and enforcement measures, Seizure of propertyOpposing a property seizure is not easy. What can you do to prevent it? We take a look at the solutions available.Identification of the property in the event of foreclosure
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.Identifying the seized debtor in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen it comes to seizing property, there are specific requirements for identifying the debtor. Here's the lowdown.The pursuing creditor in property seizures
Law of guarantees, securities and enforcement measures, Seizure of propertyArticle L. 311-2 of the French Code of Civil Enforcement Procedures states that "Any creditor in possession of a writ of execution recording a claim that is due and payable may proceed with a seizure of property under the conditions laid down by this Book and by the provisions of Book I that do not conflict with it"....
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