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The mortgage attached to sentencing judgments: operation and scope in French law
You have obtained a judgement, but your debtor is slow to pay and is starting to sell his property. The legal mortgage attached to judgments of condemnation enables you to secure your claim on the debtor's property as soon as the judgment has been handed down. This security, which is often overlooked, confers a preferential right and a right of pursuit that can be enforced against third parties.
Pacte commissoire and judicial allocation: alternatives to seizure of property for creditors
Are you a mortgagee and do you think that foreclosure is taking too long? You can obtain ownership of the mortgaged property without going through the compulsory sale process by means of a commissory agreement and judicial allocation. These alternatives, enshrined in the 2006 reform, are strictly regulated to protect the debtor.
Understanding the maritime mortgage: an essential guarantee for ships
Your vessel can be used as security for financing without you losing possession of it: this is the principle of the maritime mortgage. This contractual security interest gives the creditor strict rights over the asset, including a right of resale in the event of sale. Knowing how to set it up and what rights it entails is essential for any shipowner or investor.
Security interests in river vessels: liens and mortgages
Financing or operating an inland waterway vessel involves complex guarantees that may take precedence over your claim. Hidden legal liens, published river mortgages: their classification determines who will be paid first if the owner defaults. Here are the rules governing these securities in French river law.
Ship's agents: what rights, what financial responsibilities?
Becoming a tenant - co-owner of a vessel - is more than just a maritime investment. You have a real right to the property, participate in management decisions and are liable for the debts of the co-ownership.
Legal mortgages and liens on real estate: key changes
A creditor can register a legal mortgage on your property without your consent: this is a right that the law recognises in specific cases. Since the Ordinance of 2021, the rules governing registration, discharge and the relationship between legal mortgages and property liens have been radically overhauled. Knowing which property security interests weigh on your assets is often decisive before a sale or refinancing.
Court-ordered mortgages: legal and conservatory mortgages
A court ruling can transform a recognised debt into a mortgage on your debtor's property, even before any final judgment has been handed down. These two mechanisms - legal mortgage resulting from a judgment and conservatory mortgage - are governed by separate rules and strict deadlines. If you don't understand them, you risk losing the guarantee.
Terminating a mortgage: payment, discharge and other causes of extinction
Your loan is paid off, but the mortgage remains on the register: unless it is officially removed, this security continues to encumber your property and can block a sale or refinancing. The mortgage is not automatically discharged, even when the debt has been extinguished. This article lists all the reasons why a mortgage may be extinguished and details the steps you need to take to free up your property.
The immovable mortgage: understanding the basics and the importance of advertising
Your creditor claims to have a mortgage on your property, or you wish to create one to secure a loan: in both cases, the validity of the security depends on a formality that many people overlook. A mortgage is only legally binding on third parties if it has been published with the Land Registry.
Setting up and registering a mortgage: the key stages in securing a debt
As the creditor of a debtor who owns a building, you want to secure your debt with a mortgage. The mortgage must be registered with the Land Registry before it can be invoked against third parties and rank. Here are the practical steps, from the notarial deed to the registration form.
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