Securing your claim with a mortgage
You are a bank, investor, supplier, or landlord. You hold a substantial claim and wish to secure it against your debtor’s real property. You have obtained a court judgment and wish to register a statutory mortgage. Or you are considering a provisional judicial mortgage to protect your claim urgently, before you even hold an enforceable title.
French mortgage law (hypothèque) differs significantly from the English-law mortgage, which historically involved a transfer of title. In France, a mortgage is a non-possessory security interest over real property that confers a right of priority and a right to follow the asset. The choice of mortgage type, the registration formalities at the land registry (service de publicité foncière), and compliance with deadlines all determine whether your security will be effective.
What we handle
- Auditing your claim and selecting the most appropriate security: conventional mortgage, statutory mortgage, or provisional judicial mortgage
- Constituting a conventional mortgage in coordination with the notary: drafting the notarial deed, registering at the land registry, verifying ranking
- Obtaining a provisional judicial mortgage from the enforcement judge: drafting the application, registration within 3 months, service on the debtor, bringing proceedings on the merits
- Converting a provisional registration to a definitive registration after obtaining an enforceable title
- Registering the statutory mortgage attached to court judgments (Article 2393(6), Civil Code)
- Managing ranking disputes between mortgage creditors and negotiating priority agreements
- Enforcing the mortgage through property seizure: exercising the right of priority and the right to follow
| Criterion | Conventional | Statutory | Judicial (provisional) |
|---|---|---|---|
| Source | Notarial deed | Statute | Order of the enforcement judge |
| Condition | Capacity to dispose | Claim covered by statute | Arguable claim + risk |
| Scope | Specified property | General or specific | Specified property |
| Ranking | Date of registration | Priority over judicial and conventional | Date of provisional registration |
| Cost | Land registry tax + notary fees | Land registry tax | Land registry tax + court fees |
Defending your property against a mortgage
A creditor has registered a mortgage over your property. The registration blocks the sale of your asset, weighs on your borrowing capacity, and encumbers your estate. You believe the registration is irregular, that the underlying debt is extinguished, time-barred, or disputable. You want the mortgage discharged.
Or you own a mortgaged property and wish to sell: purging the mortgage requires notification to the registered creditors, a right of overbid (10% of the price), and consignment of the sale proceeds. Without legal guidance, the sale may be blocked or challenged.
Lines of defence
- Challenging the validity of the mortgage registration: defects in the notarial deed, omission of the guaranteed amount (required on pain of nullity under Article 2417, Civil Code), lack of capacity of the grantor
- Obtaining judicial cancellation of a registration that is unfounded, irregular, or based on an extinguished debt (Article 2438, Civil Code)
- Negotiating a consensual discharge with the creditor and arranging cancellation at the land registry
- Invoking the time-barring of the secured debt before the enforcement judge
- Raising the prohibition on registering a mortgage after the opening of over-indebtedness or insolvency proceedings
- Challenging a premature conversion of a provisional registration to a definitive one – a common procedural trap
- Organising the purge of mortgages for the sale of encumbered property
The 2021 reform of French mortgage law
The Ordinance of 15 September 2021 substantially reformed the law of real property security. The former ‘judicial mortgage’ attached to court judgments is now reclassified as a statutory mortgage (Article 2393(6), Civil Code). The term ‘judicial’ now refers exclusively to the provisional mortgage under the Code of Civil Enforcement Procedures. Mortgages over future property are now permitted (Article 2414). A mandate to grant a mortgage must be given by notarial deed (Article 2409).
The provisional judicial mortgage: deadlines to respect
The provisional judicial mortgage is the creditor’s tool when there is no enforceable title yet but the debtor may dissipate real property assets. The measure is effective, but the formalities are rigorous. Missing a single deadline renders the protective measure void.
Provisional judicial mortgage – mandatory deadlines
Order of the enforcement judge
Registration at land registry (3 months)
Service on debtor (8 days)
Issue proceedings on merits (1 month)
Judgment
Definitive registration
The provisional registration preserves the security for 3 years, renewable. At the conclusion of proceedings, the definitive registration at the land registry confirms the provisional registration with the same ranking. Conversion is a matter for the land registry, not the court – a point the Cour de cassation reaffirmed in March 2026 (Cass. 3e civ., 12 March 2026, No. 23-20.666).
This procedural rigour justifies instructing a lawyer from the moment the application is filed with the enforcement judge.
Frequently asked questions
How much does it cost to register a mortgage in France?
Registration involves a land registry tax of 0.71% of the secured amount, a property security contribution of 0.05%, and notary fees for a conventional mortgage. For a provisional judicial mortgage, add the court application costs.
Can mortgaged property be sold?
Yes, but the sale requires a purge procedure. The notary notifies the registered creditors, who have one month to overbid by 10% of the price. If no overbid is made, the mortgages are purged and the proceeds are distributed according to creditor ranking.
What are the deadlines for a provisional judicial mortgage?
Three strict deadlines: 3 months to register after the judge’s order, 8 days to serve the registration on the debtor, and 1 month to issue proceedings on the merits if you do not already hold an enforceable title. Missing any of these deadlines renders the protective measure void.
How long does a mortgage registration last?
A provisional judicial mortgage registration is valid for 3 years, renewable. For a conventional mortgage, the duration is specified in the registration. For a mortgage securing a home loan, the registration expires automatically one year after the final repayment instalment.
How can a mortgage be discharged?
Two routes: consensual discharge (creditor’s agreement, notarial deed, cancellation at the land registry) or judicial discharge (court application to establish that the registration is unfounded or that the debt is extinguished). Consensual discharge is faster and less costly.