Lawyer - Property seizure - Marseille

The seizure of property is a delicate dispute that requires the expertise of a specialist lawyer. You will need to be represented by a lawyer whose services will vary depending on your position: pursuing creditor, registered creditor, debtor, co-owner, etc.

It is strategic to choose a lawyer who is familiar with the practices of the court concerned. There are many specific local features, and a mistake could compromise your interests. Only a lawyer registered with the Marseille Bar can represent you in these proceedings. Our firm, based in Marseille, will assist you before the Marseille Tribunal de Grande Instance. Let's find out more about the role of a lawyer and our methods of intervention.

Foreclosure: definition and mechanisms

The seizure of real estate is a civil enforcement procedure for the forced recovery of a debt. It provides a means of forcing an indebted person to settle their debt by means of a title deed establishing their right to the property.

This procedure is particularly sensitive because it affects property rights, which is why it systematically requires the involvement of a lawyer and a judge, unlike other enforcement procedures where these players are only involved in the event of a dispute.

At the hearing, the debtor may request authorisation to sell his property out of court. Although forced, this sale is then conducted by a notary rather than by auction.

Creditors with a mortgage are always involved in the proceedings. The courts consider them to be parties to the proceedings, which explains the wide range of parties for whom the lawyer may intervene:

• The creditor initiating proceedings
• Creditors registered in the land registration file
• The debtor whose property is seized
• The potential buyer at an auction
• The tenant occupying the property
• Holders of a right of pre-emption

Each of these parties has specific rights and must almost always be represented by a lawyer.

The role of the lawyer depending on your situation

For the pursuing creditor

The creditor who initiates the procedure needs an experienced lawyer. Our law firm will assess the feasibility and merits of the procedure, as well as the risks involved. The appropriateness of a forced sale depends in particular on the rank of the mortgage and the value of the property sold.

Determining the amount of the upset price is a delicate stage that can be risky for some creditors, particularly in the case of a co-ownership that is being pursued. The pursuing lawyer plays an essential role in preparing the terms and conditions of sale.

For the registered creditor

Registered creditors must be familiar with the procedures for entering the proceedings. Practices vary depending on whether the claim declaration is made before or after the referral judgment.

Questions also arise as to how a declaration can be contested. In some cases, a creditor may have to resume legal proceedings. How do you proceed when a general meeting of co-owners has voted for a different price from that initially set? This is an area of co-ownership law that requires the expertise of a specialist lawyer.

For the debtor

The debtor is not always in a position to contest the procedure effectively. Our firm makes a precise diagnosis to assess the balance between the risks and benefits of a challenge.

This approach enables our clients to understand what is at stake in their case and helps us to estimate the time needed to better assess the fees.

Our expertise in property law enables us to understand our clients' overall situation. As the master of his own case, the professional defends your interests, taking into account the particularities of each case.

It is important to note that a judgment of adjudication constitutes a specific eviction order that does not allow for the granting of deadlines. We therefore help our clients to avoid a difficult eviction by preparing for their eventual departure from the premises.

For the successful tenderer

The successful bidder may be a professional (such as a property agent) or a private individual wishing to purchase a property. We represent candidates at auction hearings.

Our clients' main concern is the total cost of the transaction. We have therefore developed specific tools to anticipate all costs: taxed costs, emoluments, registration fees, VAT, land registration fees, mortgage cancellation fees, etc.

To bid, you will need to prepare a bank cheque representing a guarantee, which will be checked before the sale.

For the tenant

Representing a tenant is less common, but our firm has solid experience in this area. In particular, we have used the option of substitution, which allows a tenant to take the place of the successful bidder under certain conditions.

For public establishments

We are used to representing public bodies and working with the public accountant on pre-emptive auctions. This specific field has led us to develop particular expertise.

The complexity of procedures

The variety of situations has led us to develop different intervention strategies.

Save time and refinance

Property seizure procedures are technically complex, but they are also time-consuming because they move quickly and are difficult to slow down.

Our firm often acts for people in debt who are looking to buy time to find new finance. The aim is to reach a solution before the end of the procedure.

Counter-attack

Sometimes customers have legitimate grievances against their creditor (usually a bank). The problem is that the enforcement judge cannot rule on the creditor's civil liability, as his role is limited to debt collection.

The lawyer must therefore initiate several procedures and control their timing. In particular, he will have to take the creditor to court to obtain a court order, although this procedure is generally slow.

Controlling deadlines and appeals

At the same time, the lawyer must slow down the judicial sale procedure by making skilful use of referrals, deadlines for amicable sale and appeal deadlines. Before the Court of Appeal, it is often necessary to ask the First President to suspend provisional enforcement to prevent the time limits from continuing to run.

Incidents must generally be dealt with before the president of the chamber, although the Aix en Provence court of appeal has a different practice. Lawyers accustomed to this court may make mistakes in other jurisdictions, and vice versa.

Understanding local practices

Our firm is very familiar with the practices of the various courts and appeal courts. Our broad geographical presence and our training activities at a number of law schools enable us to constantly enhance our expertise.

The cost of our intervention

Our firm operates exclusively on an hourly rate, but our fees remain predictable thanks to our varied experience, which gives us good visibility on our actions. We have a large number of tried and tested argumentative models, which enables us to achieve economies of scale and offer quality services at controlled cost.

However, some unique cases may require a personalised approach, and that's where our expertise comes into its own.

Note that the creditor's lawyer and the successful bidder's lawyer are entitled, in addition to their fees, to a legal fee, the amount of which is set by law according to scales similar to those used by notaries for out-of-court sales.

The pursuing creditor's lawyer must also advance various costs (bailiff, diagnostician, locksmith, advertising, etc.) to complete the sale. In our department, these costs are generally between €5,500 and €6,500. Creditors need not worry, however, as large sums are advanced shortly before the sale and quickly reimbursed by the winning bidder on payment.

How can you use our services?

You can send us your requests by any means of communication. When we open the file, we analyse the possible options and compare our diagnosis with your expectations in order to adjust our work.

This approach enables us to establish a strategy and estimate the time required, giving you an assessment of the costs to be expected. We consider our clients to be our first collaborators: we master the law, you master the history of your case.

For more information about our business, you can also consult our website, which sets out the stages in the procedure.

We do not accept all applications, preferring quality to quantity.

Frequently asked questions

What are the foreclosure deadlines?

Sales (amicable or forced) can take place within 9 to 12 months in the most favourable cases. When we are mandated to slow down the procedure, we can extend this period to 24-30 months, taking into account the processing times of our court and the Court of Appeal in Aix-en-Provence.

What are my rights?

The creditor can choose the enforcement measure he wishes to implement, even for small claims. The debtor can contest the claim, both the amount and the principle of the claim, as well as the way in which the procedure is conducted. At every stage, the debtor's rights are legally protected. The summons to pay is an essential preliminary document.

What are the specific characteristics of Marseille?

There are a number of peculiarities to the practice in Marseille. The lawyers systematically propose a bidding step when they request the auction, even though this is not provided for in the legislation. However, the enforcement judge accepts bids that do not strictly comply with this step.

In addition, the bâtonnier, who acts as receiver, issues receipts for late payment interest, which goes beyond the legal requirements, which simply require a receipt to be given.

Can you get a good deal at auction?

Absolutely. However, you have to be aware that the property auction market is relatively small. Our customers generally adopt one of two approaches: either they bid for as many properties as possible, or they are very selective and therefore patient.

Interested parties can visit the property a few days before the auction to get a precise idea of the item being sold. This is a crucial stage before deciding to bid.

Do you offer services for lawyers?

We regularly act as subcontractors, whether visible or not, to carry out procedures throughout France.

We also offer a range of training courses, including a comprehensive course on the seizure of property, which can be given privately or as part of continuing education programmes such as those offered by EDACS, IXAD or Jurilearn.

In the event of the liquidation of a party, our commercial expertise also enables us to adapt our strategy to this particular context.