In the event that the borrower or his heirs dispose of the property, the mortgagee is notified of the proposed assignment.
In the event that the mortgagee disputes the value of the property set out in the deed of assignment, the property is appraised by an expert chosen by mutual agreement between the creditor and the borrower or appointed at the borrower’s request.
If the value of the property ultimately proves to be less than this estimate, the lender’s claim is then capped:
– either at the auction price of the property if the mortgagee has the property seized and sold by virtue of his right of pursuit;
– or at the appraised value of the property if the mortgagee applies for the judicial allocation of the property or avails himself of the commissory pact entered into by him.
The provisions of this article also apply to the dismemberment of ownership of the mortgaged property.