Seizure of property
The third party holder and the real guarantor in property seizures: understanding their roles and protection
By Raphaël MORENON24 June 2025The 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 used as collateral. These include the third party holder and the real guarantor, two players whose legal positions are quite distinct. Understanding their role is essential for anyone faced with such a situation, whether as a purchaser of a mortgaged property or as a guarantor. A property seizure lawyer is therefore essential to navigate the complexities of this procedure. The purpose of this article is to clarify the protections and options available to these parties in the course of a property seizure. The third party holder of the mortgaged property: definition and resale right...
Procedural rules specific to civil enforcement proceedings and the seizure of real estate
Law of guarantees, securities and enforcement measures, Seizure of propertyThe procedure has the reputation of being the most complex and difficult to implement civil enforcement procedure in the Code of Civil Enforcement Procedures. Nonetheless, it shares several features common to all civil enforcement procedures. The concept of proceedings The concept of proceedings...Identification of buildings in deeds published in the property register
Law of guarantees, securities and enforcement measures, Seizure of propertyPublication of procedural deeds in the property register requires that the properties be identified in accordance with the rules governing land registration. The information that the deed must contain is detailed in paragraphs 1 and 3 of article 7 of decree no. 55-22 of 4 January 1955, which concern...Identification of individuals in deeds published in the property register
Law of guarantees, securities and enforcement measures, Seizure of propertyThe publication of procedural documents in the real estate register requires the parties to be identified in accordance with the rules governing land registration, which go beyond the requirements of article 54 of the Code of Civil Procedure. Identification of natural persons The first paragraph of article 5 of decree no. 55-22...The descriptive report of the property in foreclosure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe descriptive report is a report in which the bailiff enters the premises to describe them. We will look first at the usefulness of this procedure, then at the legal framework for drawing it up, and finally at its content. The usefulness of the descriptive report The descriptive report of the property is similar to a...Lapse of a summons to pay in lieu of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyTo understand the role of lapses in the seizure of property procedure, we need to look back a little. Under the old rules, i.e. before the reform of the procedure introduced by the Order of 21 April 2006, it was common for the procedure to drag on, sometimes for several years,...Expiry of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe concept of proceedings is not an obvious one in civil enforcement proceedings. This is undoubtedly why the legislature sought to limit the effects of a summons to pay in the form of a seizure over time by means of rules that are independent of the concept of the lapse of proceedings as it is...The effects of a summons to pay in the form of a seizure of property on third parties
Law of guarantees, securities and enforcement measures, Seizure of propertyA summons to pay for the seizure of property has effects on two categories of third parties: the third party holder and the third party. The effects of the summons to pay for the seizure of immovable property on the third party holder The effects of issuing the summons to pay for the seizure of immovable property on the third party holder are...The effects of a summons to pay in the form of a seizure on the debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe effects of a summons to pay in the form of a seizure on the debtor, the third party purchaser and third parties are described in article R. 321-13 of the Code of Civil Enforcement Procedures, which states that "The unavailability of the property, the seizure of its fruits and the restriction of the rights of enjoyment and administration...Summons for the amicable sale of the debtor in a property seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe distrainee debtor has the unused option of summoning the creditor before the enforcement judge to submit a request for an out-of-court sale before the case is called for the orientation hearing. The procedure is blocked from the date of the judgment authorising the out-of-court sale. This has the very simple advantage...Publication of the summons to pay in the event of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe summons to pay must be published in the property register within 2 months of being served. It is then carried out by sending various documents to the land registry. The publication deadline Article R. 321-6 of the Code des...Service of the summons to pay in the event of seizure on the third party purchaser
Law of guarantees, securities and enforcement measures, Seizure of propertyProperty seizure proceedings are sometimes initiated against a third party who has acquired the encumbered property. The concept of third-party purchaser To fully understand how collection proceedings can be initiated against a third party, it is important to understand the concept of guarantee...Service of the summons to pay on the seized debtor
Law of guarantees, securities and enforcement measures, Seizure of propertyThe procedures for serving a summons to pay for the seizure of property depend on the situation of the distrainee. Here is an analysis of the procedures for serving the summons on the debtor. Joint debtors First of all, if there are joint debtors, the summons is simply served on each of them. Married debtors In the case of a married debtor,...A summons to pay in the form of a seizure is an act of disposal
Law of guarantees, securities and enforcement measures, Seizure of propertyThe seizure of property procedure has a reputation for being both difficult and dangerous. It owes this reputation to the number of deadlines it imposes on the lawyer and to its technical nature, but also to the fact that it is initiated by the debtor himself.Seizure of real estate and judicial liquidation
Law of guarantees, securities and enforcement measures, Seizure of propertyJudicial liquidation has the effect of blocking the property seizure procedure. Placing the debtor under judicial liquidation has the effect of interrupting or prohibiting all civil enforcement proceedings. Temporarily, at any rate. The judicial liquidation of a corporate debtor The opening of collective proceedings halts or prohibits all civil enforcement...Summons to pay for the seizure of property with a mortgage guarantee
Model, Seizure of propertyIN THE YEAR TWO THOUSAND AND NINETEEN, and on AT THE REQUEST OF: ALBINOISE, a public limited company with a Management Board and a Supervisory Board and share capital of €24,741,936.00, registered in the Marseille Trade and Companies Register under no. 054 899 530, whose...Summons to pay in lieu of seizure of property
Model, Seizure of propertyTHE YEAR TWO THOUSAND AND TWENTY-FOUR, AND AT THE REQUEST OF: ALBINOISE, a public limited company with a Management Board and Supervisory Board and share capital of €24,741,936.00, registered in the Marseille Trade and Companies Register under no. 054 899 530, having its registered office at...Can you sell a mortgaged house?
Law of guarantees, securities and enforcement measures, Seizure of propertyIs it possible to sell a mortgaged house? You want to sell your mortgaged house or flat. How do you go about it? What is a mortgage? Mortgages belong to the category of security interests. The concept of security refers to all the guarantees that a creditor can take out to secure the payment of...Property seizure and the impossibility of resolving disputes amicably
Law of guarantees, securities and enforcement measures, Seizure of propertyMany customers ask us how to get out of the impasse. How can I refinance a loan to avoid having my home repossessed?Foreclosure does not cover the debt: analysis
Law of guarantees, securities and enforcement measures, Seizure of propertyWhen a foreclosure sale does not cover the entire debt, the financial situation becomes a real headache for both the debtor and the creditor. The borrower wonders how much still needs to be paid, while the creditor assesses how much can still be recovered. If you want to take on new debt...The effects of the expiry of a summons to pay in lieu of seizure
Law of guarantees, securities and enforcement measures, Seizure of propertyThe effects of the expiry of a summons to pay in the form of a seizure of property are often misunderstood. Here's the lowdown. Expiry of the effects of a summons to pay valid as a seizure The summons to pay valid as a seizure has extremely important effects on the debtor. It...
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