SUMMONS TO PAY FOR PROPERTY SEIZURE
The year TWO THOUSAND AND NINETEEN, and the day of
AT THE REQUEST OF :
The company ALBINOISEa French limited company (société anonyme) with a Management Board and a Supervisory Board and share capital of €24,741,936.00, registered in the Marseille Trade and Companies Register under number 054 899 530, having its registered office at 20 rue Baker Street, 13018 Marseille, represented by its current legal representative, Mr Albert CAMUSdomiciled in this capacity at the said registered office,
For whom domicile is elected at the office and constitution of lawyer is made in the person of Raphaël MORENONAttorney-at-law at the Marseilles Bar, whose office is located at 34 cours Lieutaud, 13001 Marseilles,
BY VIRTUE OF :
The enforceable copy of a deed dated 7 February 2012, drawn up and received at the offices of Maître Xavier RUSSO, partner notary in the professional partnership DJOLAKIAN RUSSO, whose office is located at 93 rue Paradis, 13006 Marseille, containing a sale and loan LIBERTIMMO 1 No. 30076 02203 258789 596084 for the sum of €66,600.00 at a fixed rate of 4.15 % per annum, repayable in 144 monthly instalments of €599.28,
To secure and guarantee its claim, the applicant published in the 1e Marseille land registry office :
A lender's lien registration dated 29 February 2010, published and registered on 5 March 2012 under registration reference 2010 V no. 1730,
I, THE UNDERSIGNED BAILIFF :
COMMANDMENT FACT A :
The company WATSONa non-trading property company with share capital of €1,000.00, registered in the Marseille Trade and Companies Register under no. 494 046 323, with its registered office at Les Arnavaux, 13014 Marseille, represented by its legal representative, Mrs Emilie JOLIE, residing at 532 chemin des Comtes, 83270 Saint-Cyr-sur-Mer,
DEBITORS,
To pay to the applicant, in ONE MONTH from the date of service of this document, to his solicitor or to me, the undersigned bailiff, both of whom have authority to do so, and to release the following sums:
| Personal loan TOWARDS THE INFINITE AND BEYOND | |
| Outstanding instalments | 11 536,15 € |
| Remaining capital due on acceleration pronounced on 10/03/2017 | 33 087,02 € |
| Interest on outstanding capital at 5.13 % from 10/03/2017 to 12/11/2019 | 6 113,29 |
| Payment indemnity | 2 646,96 € |
| Receipts to be deducted | -10 391,10 € |
| Interest at 5.13 % per annum from 13/11/2019 | MEMORY |
| TOTAL EXCLUDING ERRORS, OMISSIONS AND MEMORANDA | 42 992,32 € |
Subject to and without prejudice to all other dues, rights and actions, interest, all other costs and legitimate accessories, offering all details and liquidation in the event of immediate settlement and taking into account any deposits that may have been paid.
WARNING the debtor that if he fails to comply with the present summons to pay within the time limit set out above, the procedure for the sale of the property and property rights will continue and that to this end he will be summoned to appear at a hearing of the enforcement judge to rule on the terms of the procedure.
The property and real estate rights to be seized are as follows:
DESIGNATION :
The property and property rights in question are located in a condominium complex at 11 rue Rodolphe Pollack, 13001 Marseille, and are listed in the land register as :
| Section | N° | Locality | Surface |
| 803 A | 198 | 11 rue Rodolphe Pollack | 00 ha 02 a 43 ca |
As the aforementioned property and real estate rights exist, extend, continue and comprise, with all their easements, belongings and dependencies, together with all buildings by destination, and in particular all equipment that may have the character of a building by destination, and all rights and easements that may be attached thereto, and all increases and improvements to be made thereto, without any exception or reservation.
ORIGIN OF OWNERSHIP :
A notarised deed dated 29 March 2006, drawn up and recorded in the minutes of Maître Paul CHOUKROUN, notary in Marseille, a copy of which was published in the first office of the Marseille land registry on 16 May 2006, under reference 2006 P n° 3056.
DESCRIPTIVE STATEMENT OF DIVISION - CO-OWNERSHIP REGULATIONS :
The above-mentioned property was the subject of co-ownership regulations containing a descriptive statement of division drawn up in accordance with a deed received by Maître Cachia, notary in Marseille, on 3 September 1964, an authentic copy of which was published in the first office of the Marseille land registry on 7 October 1964, under reference 4039 no. 29.
The said amended deed, namely: under the terms of a deed received by Maître DEBERNARDI, notary in Marseille, on 27 May 1986, an authentic copy of which was published in the first office of the Marseille land registry on 29 May 1986, under reference 1986 P n° 2948.
INFORMATION GIVEN TO THE DEBTOR :
1° This summons shall constitute seizure of the aforementioned real estate assets and rights, which shall be unavailable to the debtor from the date of service of this document and to third parties from the date of its publication in the 1e bureau du service de la publicité foncière de Marseille.
2° This summons shall constitute seizure of the fruits of the property and the debtor shall be the receiver thereof.
3° The debtor retains the possibility of seeking a purchaser for the seized property and real estate rights in order to proceed with their amicable sale, or to give a mandate to this effect, while this sale may nevertheless only be concluded after authorisation from the enforcement judge.
4° A bailiff may enter the premises to draw up a report describing the property and property rights.
5° The enforcement judge with territorial jurisdiction to hear the seizure of real estate and related disputes and incidental claims is that of the Tribunal de Grande Instance de Marseille, sitting in the following chambers Palais Monthyon, Place Monthyon, 13006 Marseille.
6° A debtor who so requests in advance may benefit from legal aid for the seizure procedure, if he meets the means test set out in Act no. 91-647 of 10 July 1991 on legal aid and Decree no. 91-1266 of 19 December 1991 implementing this Act.
7° If the debtor is a natural person and considers himself to be in a situation of over-indebtedness, he may refer the matter to the Commission de surendettement des particuliers (Private Individuals' Over-indebtedness Commission) set up by article L. 712-1 of the French Consumer Code.
SUMMATION :
1° If the seized property is subject to a lease, you are summoned to inform the bailiff of the surname, first name and address of the lessee or, if the lessee is a legal entity, its name and registered office, in accordance with article R. 321-3 of the Code of Civil Enforcement Procedures.
2° If there is an occupant in any other capacity on the premises, you will be summoned to inform the bailiff of the surname, first name and address of the lessee or, in the case of a legal entity, its name and registered office.
3° If there is a danger order covering one or more private or shared parts of the building, you are requested to give the bailiff a copy of the danger order.
ALL RESERVATIONS RESERVED.
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