Property foreclosure lawyer | Solent Avocats

Recovering your debt by compulsory sale

Your debtor doesn't pay. You have a writ of execution - a judgement, notarial deed or court order - but reminders and other means of enforcement have produced no results. Seizure of the property is the ultimate lever: it enables you to sell the debtor's property and obtain payment of the price.

The procedure is long (12 to 24 months on average) and formalistic, and each stage determines the next. A poorly drafted summons to pay, an untimely publication, and the seizure falls through. Our firm is involved from the moment the title is analysed, and supports you until the price is distributed.

Our firm handles

Verification of the enforcement order and audit of the statement of claim
Drawing up and serving a summons to pay in lieu of seizure
Publication in the Land Registry within 2 months
Drafting of the conditions of sale and filing with the court clerk's office
Representation at the orientation hearing before the enforcement judge
Conduct of the compulsory sale and representation at the auction hearing
Mortgage ranking management and price distribution

Mandatory legal representation - Art. L. 311-6 CPCE

In property seizures, legal representation is compulsory at all stages of the procedure. This is an exception among enforcement procedures: before the enforcement judge, both the debtor and the creditor must be represented. The purchaser at auction must also be represented by a lawyer registered with the bar of the relevant court.

Steps in the foreclosure process

Order to pay (8 days)

Land publication (2 months)

Orientation assignment

Orientation hearing

Amicable or forced sale

Award

Prize distribution

Defending yourself against foreclosure

You have received a summons to pay in the form of a seizure order. The bailiff has come to draw up a report describing your property. The orientation hearing is approaching. At each stage, there are grounds for contesting the claim - but they must be raised at the right time, otherwise they will be inadmissible.

The Court of Cassation regularly points out that the debtor's objections must be raised at the orientation hearing (Cass. civ. 2e, 21 November 2024, n. 22-12.499). A plea raised too late is lost. Our firm prepares your defence in advance and identifies all the available levers.

Our areas of defence

Contesting the validity of the writ of execution or the amount of the claim
Invalidity of a summons to pay on formal grounds - the invalidity affects the entire procedure (Cass. civ. 2e, 6 March 2025, n. 22-12.742)
Expiry of the summons: the creditor has 5 years to complete the procedure (art. R. 321-20 CPCE). The judge is not obliged to note this ex officio.
Request for out-of-court sale before the execution judge
Periods of grace: the court may grant up to 2 years' postponement or rescheduling (art. 1343-5 of the Civil Code)
Submission of an over-indebtedness application, which suspends the procedure for individual debtors

Amicable sale or forced sale

The orientation hearing is the pivotal moment. It is here that the enforcement judge decides on the fate of the property: amicable sale at the request of the debtor, or forced sale by auction. The two options are governed by different rules.

	Amicable sale	Forced sale
Initiative	Debtor's request	Court decision or failure to sell out of court
Deadline	4 months (+ 3 months maximum extension)	2 to 4 months after the judgment
Mode	Gré à gré, the debtor seeks a buyer	Public auctions in court
Prices	At least equal to the minimum set by the judge	Determined by the auction (reserve price)
Advantage	Often higher prices, process control	Certainty of outcome
One-upmanship	No	10 days, 10 % of the minimum price

Buying a property at auction

Real estate auctions take place at the bar of a court. They attract buyers looking for property below the market price, but require careful preparation. To bid, you must be represented by a lawyer registered at the bar of the relevant court.

Our support

Analysis of the conditions of sale: easements, encumbrances, current leases, diagnostics, etc.
Visit the property and estimate its real value
Auction strategy and setting a price ceiling
Constitution of the file: deposit (10 % of the reserve price, minimum 3,000 euros), power to bid
Representation at the auction hearing and declaration of winning bidder
Post-judgment follow-up: payment of the price within 2 months, publication of the deed of sale, transfer of ownership

Frequently asked questions

Is legal representation compulsory in property seizures?

Yes, under article L. 311-6 of the French Code of Civil Enforcement Procedures, a lawyer must be present at all stages of the proceedings. The pursuing creditor, the seized debtor and the purchaser at auction must all be represented. The purchaser's lawyer must be registered with the bar of the court before which the sale is taking place.

How long does a foreclosure procedure last?

Between 12 and 24 months on average, from the payment order to the sale. This period varies depending on the complexity of the case, the disputes raised and the direction chosen by the judge (out-of-court or forced sale). If the judge authorises an out-of-court sale, the debtor has 4 months (extendable by 3 months) to find a buyer.

Is it possible to stop a foreclosure in progress?

Several levers are available. Payment in full of the debt extinguishes the proceedings. If the writ of execution is contested or declared null and void, it can be cancelled. Filing an over-indebtedness application suspends the procedure. The judge may also grant periods of grace (up to 2 years). Each situation must be analysed on a case-by-case basis.

How much does a foreclosure procedure cost?

The costs include the fees of the court commissioner (summons, service of documents, descriptive report), land registration fees, legal publication fees and lawyers' fees. You should expect to pay between €5,000 and €15,000, depending on the complexity of the case. These costs, advanced by the pursuing creditor, are then taxed by the judge and charged to the successful bidder.

Can my principal residence be seized?

Yes, unless you are a sole trader and have made a declaration of unseizability to a notary (art. L. 526-1 of the French Commercial Code). For private individuals, the main residence does not benefit from any specific protection in terms of seizure of property. However, the filing of an over-indebtedness application may suspend the procedure.

Do you appear before all courts?

Our firm appears before the Marseilles Magistrates' Court and throughout France. For auctions, representation by a lawyer from the local bar is compulsory: we act directly in Marseille and coordinate with local correspondents for other jurisdictions.

Foreclosure lawyer