Training programme

Learning objectives

At the end of the course, trainees will be able to :

  1. Identify the conditions for implementing a property seizure and check the validity of the writ of execution
  2. Drawing up and serving the summons to pay in the form of a seizure in accordance with the prescribed formalities
  3. Manage the procedure up to the orientation hearing and anticipate incidents
  4. Preparing the terms and conditions of sale and managing the auction process
  5. Managing the aftermath of the forced sale: distribution of the price, purging of registrations, eviction, etc.

Module 1 - Preparing for foreclosure proceedings

  • Applicable texts and jurisdictional rules
  • Land publicity: mortgage status, property register
  • The pursuing creditor: status, capacity, power
  • The seized debtor: identification, formal notice
  • Enforcement orders: verification, prior service
  • The seized property: nature, identification, seizability
  • Choice of continuation: accumulation, competition, junction

Module 2 - The procedure up to the orientation hearing

  • The summons to pay in the form of a seizure: compulsory information (art. R. 321-1 CPCE), service, publication in the land registry service
  • Effects of the order: unavailability, immobilisation of fruits
  • The building description report
  • Summons to appear: deadlines, forms, notification of registered creditors
  • Terms and conditions of sale: drafting, filing, consultation
  • Claim declarations and denunciations

Module 3 - Orientation hearings and incidents

  • Common rules of procedure before the JEX
  • The referral hearing: role of the judge, referral to forced or amicable sale
  • The debtor's defence: disputes, requests for time limits, conversion, etc.
  • Seizure incidents: subrogation, cancellation, lapse
  • Invalidity: formal and substantive defects
  • Appealing a guidance decision

Module 4 - The auction and its aftermath

  • Advertising the sale and visiting the property
  • Information for third parties, tax order
  • Conduct of the auction hearing: bids, reserve price
  • Outbidding and crazy bidding
  • Pre-emption and substitution (tenant, rural leaseholder, SAFER, local authorities)
  • Effects of the auction: transfer of ownership, payment of the price
  • Judgment of adjudication and bill of sale
  • Penalties for defaulting bidders, repeat bids
  • Distribution of the prize and purging of entries
  • Eviction of the occupier