The registered creditors and the creditors listed in article 2377 and in 3° of article 2402 may, as from the publication of the summons for seizure and at any time during the proceedings, request the execution judge to subrogate them in the rights of the pursuing creditor, by way of incidental request or orally at the auction hearing.
Subrogation may be requested if the pursuing creditor withdraws or if there is negligence, fraud, collusion or any other cause of delay attributable to the pursuing creditor.
The decision rejecting the request for subrogation is not subject to appeal unless it terminates the proceedings.
Subrogation entails substitution in the proceedings and in the rights and obligations set out in the conditions of sale provided for in article R. 322-10.
The pursuing party against whom subrogation is granted is required to hand over the documents relating to the proceedings to the subrogated party, who shall acknowledge receipt thereof. The pursuing party is not relieved of its obligations until such time as the documents are handed over to the subrogated party.