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Specific legal mortgages: spouses and guardians
By Raphaël MORENON17 July 2025Mortgages are most often seen as a tool for creditors, particularly banks, to guarantee repayment of a loan. However, legislators have also been able to use this mechanism to protect vulnerable individuals. Far from guaranteeing a commercial debt, some mortgages are created by law to preserve financial rights within the family or to secure the assets of people unable to manage them themselves. This is the case with the specific legal mortgages granted to spouses and people under guardianship, which are part of the large family of mortgages, the queen of property securities. These systems, which are often little-known, are essential for restoring a balance when major financial interests are at stake. They raise technical issues that need to be clarified, because sound advice on property security law can make all the difference when it comes to safeguarding assets....
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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.
Seizure of real estate and judicial liquidation
Judicial 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...What happens if the debtor dies?
In the event of the death of the debtor of a writ of execution, there are ways of continuing to collect a debt. It all depends on the status of the estate. The debtor is deceased and his heirs are known When the creditor knows the debtor's heirs, the progress of recovery depends on...Notice of attachment: how does it work?
Attachment is a dreadful enforced collection procedure for debtors, who see their claims transferred to their creditors. The notification of this act by a court commissioner is a fundamental step: it informs you of the measure and is the starting point for the deadline for...The benefits of consumer credit
Errors made by the consumer credit organisation are often punished by forfeiture of the right to contractual interest. The contractual interest is then replaced by interest calculated at the legal rate. Problem: the rise in the key ECB interest rates has resulted in a rise in the interest rate...Can you sell a mortgaged house?
Is 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
Many 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
When 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...Challenging an attachment order: 5 arguments
Having your bank account seized is often a brutal and destabilising financial ordeal. Carried out without prior warning by a creditor in possession of an enforcement order, it presents the debtor with a fait accompli. It is possible to challenge this complex procedure, but it must be done within a legal framework and in accordance...Early repayment indemnities - concept, calculation
The borrower can always decide to repay a loan early. In return, they may be required to pay so-called "early repayment charges".Opposition to an order for payment in brief
Opposition to an order for payment is a simple procedure that you need to understand to protect your interests. What is an order for payment? An order for payment is a simplified procedure that enables a creditor to obtain a writ of execution enabling him to recover a debt.
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