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Analyses, feedback and legal news on banking law, credit law and enforcement.

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Civil procedure

The summons: a multi-faceted legal tool 7 Apr
What do costs really cover? Deciphering article 695 of the Code of Civil Procedure 1 Apr
Challenging a lapsing decision: appeals and strategies 1 Apr

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.

Effectiveness of securities in insolvency proceedings: how to make the right choice?

Your debtor enters a safeguard or receivership: your rights of action are frozen and less than 10 % of creditors recover their dues in liquidation. The choice of security set up beforehand determines your rank in the hierarchy of creditors. Here's how to assess the real effectiveness of each security in the face of insolvency proceedings.

Security interests and the suspect period: the risks of cancellation prior to insolvency proceedings

A mortgage or pledge taken just prior to the opening of insolvency proceedings may be cancelled retroactively, even if the security appeared to be perfectly in order. The suspect period exposes securities created after the cessation of payments to two distinct cancellation mechanisms - automatic nullity and optional nullity. Identifying the applicable regime is decisive in defending your claim.

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.

Collective proceedings and publication of security interests: the importance of registration and its limits

You hold a mortgage or pledge on your debtor's assets: this security may become unenforceable if it has not been registered before the opening of insolvency proceedings. The rule that registration must be stopped is a blow that many creditors discover too late. This article explains the risks, the exceptions and the reflexes to adopt.

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.

Sale of the assets of a company in difficulty: what consequences for your security interests?

You are a secured creditor of a company that is the subject of insolvency proceedings, and the asset on which your security is based is going to be sold. Does your resale right survive the sale? Will you be paid according to your rank? The answer depends on the context of the sale, and the differences between the sale plan and the liquidation are decisive.

Owner of a mortgaged property: what are your rights and obligations?

You have a mortgage on your property and you don't know what you can do with it. This security does not dispossess you, but it does impose specific obligations on you towards your creditor. Here's what you can do, what you can't do, and how to protect yourself if you have acquired a property that is already mortgaged.

Unpaid mortgage: the creditor's rights (preferential and resale rights)

Your debtor does not pay and his property is mortgaged to you: you have two distinct legal weapons at your disposal to recover your debt. The preferential right gives you priority payment of the sale price, while the resale right allows you to pursue the property even if it has changed hands. These are powerful prerogatives - provided that the mortgage has been duly registered.

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