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The mortgage attached to sentencing judgments: operation and scope in French law
By Raphaël MORENON17 July 2025Obtaining a favourable court ruling is a decisive step for a creditor. However, obtaining a judgment does not always guarantee that it will be enforced. Between the time when the judgment is handed down and the time when payment is made, the debtor can organise his or her insolvency. To counter this risk, French law has provided powerful guarantee tools, including the legal mortgage attached to sentencing judgments. Although created by a court decision, this security derives its force directly from the law. It makes it possible to secure a debt by backing it up with the debtor's real estate assets. Its mechanism is a strategic asset in the recovery of secured debts, offering the creditor a preferential right and a right of resale over the convicted person's property. Although it is part of the family of mortgages, the king of real estate securities, its legal nature and the conditions under which it is implemented give it a special status.
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
Summons for the amicable sale of the debtor in a property seizure
The 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
The 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
Property 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
The 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
The 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.Attachment and payment deadlines
An attachment order does not allow the debtor to apply for a deferment of payment. Here's how it works.Order for payment and debt purchase
An order for payment is a simplified debt recovery procedure. In some cases, these orders can be contested at a very late stage. What happens if a debt is assigned between the time the order is issued and the time it is contested? Late opposition to an order for payment The order for payment procedure is a simplified procedure for...Contentious withdrawal: how does it work in 2024?
Litigious withdrawal, a mechanism provided for in Article 1699 of the Civil Code, is a powerful but often misunderstood right. It allows a debtor to buy back his own debt for a fraction of its face value when it has been assigned by his original creditor to another company. For example:...Private loans: analysis and advice from a lawyer
Private-to-private loans are becoming increasingly popular. Its popularity is leading many operators to present it as a quick and easy solution. Here's our advice.What is factoring? Definition, limits, disputes
Factoring is a popular financial solution for companies faced with long payment terms. This complex legal mechanism combines short-term financing, a guarantee against non-payment and accounts receivable management. Its implementation requires a precise understanding of its legal and financial implications. Understanding factoring...
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