Lawyer - Mortgages
Make an appointmentA mortgage is a powerful accessory real right used to secure a debt owed on a building, house or flat. It can be used to secure a property loan, structure a works project or provide a guarantee to a lender in the case of structured finance. But setting it up, contesting it or cancelling it requires rigorous registration formalities and technical support that only an experienced law firm can provide.
Solent Avocats, based in Marseille, advises on all aspects of security interests, including judicial conservatory mortgages, legal mortgages and provisional registrations. We assist creditors, borrowers, owners and co-owners' associations at every stage: applications for discharge, discharge procedures, defence of property rights, or court action to contest a registration.
Our service offering is based on a pragmatic and targeted approach. We know that each case is unique: whether it's a registration to secure a loan contract, to protect a property project, or to enforce an enforceable judgment, we put our professional expertise to work for the secured debt and your interests.
For a quick assessment of your mortgage situation, contact our office.
Solent Avocats is...
We defend your interests in mainland and overseas France
Guaranteeing a debt with a mortgage: securing your risk
A mortgage enables a credit institution or lender to secure repayment of a loan by using a property as collateral. This may be a life annuity mortgage, a property loan, or structured finance for a planned purchase.
It is distinguished by its nature:
-
The conventional mortgage, based on a notarised deed, often used for mortgage loans.
-
Judicial mortgage, resulting from a court decision.
-
The legal mortgage, provided for in particular in favour of the vendor of the building or the co-owners' association.
All mortgages must be registered with the Land Registry in order to be enforceable against third parties. This formality determines the rank, effective date and scope of the guarantee.
We can help you draw up, register and monitor your mortgage, whether permanent or provisional, while maximising your chances of protecting your assets.
We advise our customers on the guarantee strategy best suited to their situation.
Challenging or cancelling an irregular mortgage
The registration of a mortgage can sometimes be abusive or irregular. It may relate to a debt that is time-barred, an error in civil status, an incorrect amount of debt, or an incorrectly worded registration.
Our firm can help you with all the legal procedures involved in applying for a discharge, whether amicably or through the courts. We also intervene when a mortgage prevents an owner from selling his property, or when the registration fees are unjustified.
Mortgage abuse? Three things you should do.
-
Check that the notarial deed or enforceable judgment actually corresponds to the debt actually owed.
-
Ensure that the registration formalities have been complied with.
-
Consider applying for judicial authorisation to obtain deregistration.
Our lawyers intervene at every stage to secure your rights.
Realisation of the mortgage: foreclosure proceedings
A debt secured by mortgage allows the lender or creditor to initiate proceedings to seize the property. The application begins with a summons to pay, followed by an orientation hearing before the magistrates' court, and then an auction of the property.
The firm takes charge of all the steps involved: setting up the strategy, providing legal advice, calculating costs, and providing professional representation at the hearing. We assess the advantages and options available depending on the profile of your claim and the type of property encumbered.
Maritime mortgages: a guarantee tailored to naval assets
A maritime mortgage is an accessory real right over a ship. It can be set up to guarantee the repayment of a loan for the acquisition or construction of a vessel. The provisional or definitive registration is made with the maritime mortgage department, in accordance with the conditions laid down by public and private maritime law.
Our firm, which specialises in real estate and maritime law, assists shipowners, obtaining registrations, securing receivables and protecting hull insurance indemnities assigned to the security interest.
Maritime law is governed by specific rules. Our firm can guide you in optimising or contesting a ship security.
Mortgages and insolvency proceedings: safeguarding your rights in the face of insolvency
For an initial analysis of your mortgage or maritime security situation, contact our firm. We will be happy to provide you with a thorough and responsive service.
Frequently asked questions
How long does a property mortgage last?
A conventional mortgage can last up to 50 years. However, the provisional registration expires after 10 years, unless renewed. It is advisable to keep track of maturities to avoid losing rank.
Can a mortgage be lifted early?
Yes, by requesting an amicable or judicial release, depending on the case. The firm will help you draw up the deeds and take the appropriate legal steps.
Does a mortgage prevent a property from being sold?
No, but it often requires a purge. The purchaser will sometimes have to obtain an authorisation or pay part of the debt owed. We can help you with these operations.
How does a maritime mortgage differ from a conventional mortgage?
It concerns a ship and is governed by public and maritime law. Registration with the relevant department is compulsory, even if there is a construction project. The creditor is protected on the indemnities and the ship itself.
Can I contest a mortgage that has already been registered?
Yes, we have to act quickly, often within a few months. We assess the validity of the title, the nature of the service provided and the regularity of the formalities.
What documents should I prepare for an appointment?
Bring along your loan contract, repayment notices, deed of sale, registration fees and any information relating to the secured debt, the project or the property concerned.
EN 
FR