In the absence of payment of the secured debt and unless otherwise stipulated in the trust agreement, the trustee, where it is the creditor, acquires the free disposal of the property or right assigned by way of security.
Where the trustee is not the creditor, the creditor may require the trustee to surrender the property, which it may then freely dispose of, or, if the trust agreement so provides, to sell the property or right assigned and remit all or part of the price.
The value of the asset or right transferred is determined by an expert appointed out of court or by a court, unless it results from an official quotation on a trading platform within the meaning of the Monetary and Financial Code or if the asset is a sum of money. Any clause to the contrary is deemed unwritten.
If the trustee is unable to find a buyer at the price set by the expert, he may sell the asset or right at the price he considers, under his responsibility, to correspond to its value.