As the purpose of the foreclosure procedure is to sell a property by public auction and distribute the proceeds to creditors, the issue of publication of the procedural documents in the property register held by the land registry must be addressed as soon as the case is prepared.
The property file
During the training courses that our firm provides, I often compare the real estate file to a birth certificate.
A birth certificate contains all the most important information about a person's life: identification, parentage, marriage(s), divorce(s), adoption, change of name and death.
In the same way, the property register contains the most important information about the life of a property.
As a building is identified in successive layers (cadastral parcel, volume and co-ownership lot), the property register also contains the history of the elements used to identify buildings.
All deeds likely to change the legal status of a cadastral parcel and/or building are published here: cadastral reorganisations, transfers of ownership (donations, devolution of estates, sales, etc.), security interests (mortgages, lender's liens, etc.), etc.
The real estate file is described in articles 1 to 54 septies of decree no. 55-1350 of 14 October 1955 for the application of decree no. 55-22 of 4 January 1955 reforming the land registration system.
Publication in the property register
As the property register contains all the information relating to the life of buildings, the publication of deeds likely to affect their legal status means that they can be used against third parties.
This follows from the provisions of 1. of Article 30 of Decree no. 55-22 of 4 January 1955 : "Judicial documents and decisions subject to publication pursuant to 1° of Article 28 are, if they have not been published, unenforceable against third parties who, on the same immovable, have acquired, from the same author, competing rights by virtue of deeds or decisions subject to the same obligation of publication and which have been published, or have had liens or mortgages registered. They are also unenforceable, if they have been published, when the deeds, decisions, liens or mortgages invoked by these third parties have been previously published. If they have been published, they are also unenforceable where the deeds, decisions, liens or mortgages invoked by these third parties have been published previously.
For example, a judgment resolving a sale will be enforceable against the parties to the proceedings as soon as it is handed down, and will be enforceable against third parties as soon as it is published in the property register. In practice, this means that the former owner will be required to pay property tax as long as the judgment declaring the sale resolved has not been published in the register.
As the foreclosure procedure results in the sale of a property, it is necessary to prepare the publication of the title deed in the property register in accordance with the requirements of the land registry, taking into account its specific requirements.
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