The sale by auction, if applicable, shall be carried out in accordance with the forms established by the Code of Civil Procedure, at the behest either of the creditor who requested it or of the third party purchaser.
The successful bidder is obliged, over and above his award price, to reimburse the third-party purchaser for the costs of his contract, including its publication, as well as those of notification and all other costs incurred with a view to purging.
A third-party buyer who becomes the successful bidder, and thus retains ownership of the property, is not required to have the adjudication judgment published. He has recourse against his seller for reimbursement of what exceeds the stipulated price and for interest on this excess from the day of its payment. .
If the third-party purchaser has acquired by the same deed, for a total price or separate prices, immovables and movables, or several immovables, only some of which are mortgaged, and which may or may not form the same holding, the price of each immovable subject to registration shall be declared in the notification provided for by article 2464, by breakdown, if applicable, of the total price. The overbidding creditor may…
If the immovable sold includes an immovable by destination encumbered by a pledge, the pledgee is treated in the same way as a registered creditor for the purposes of this sub-section. The third party purchaser may, once the sale has been published, purge the immovable by destination of the right of resale attached to the pledge pursuant to article 2464. The notification then indicates the price of the pledged immovable…
The mortgage is transferred ipso jure with the secured claim. The mortgagee may subrogate another creditor in the mortgage and retain his claim. He may also, by an assignment of anteriority, assign his registration rank to a creditor of later rank whose place he takes.
Mortgages are extinguished in particular: 1° By the extinction of the principal obligation subject to the case provided for in Article 2422; 2° By the creditor’s renunciation of the mortgage subject to the same reservation; 3° By purge; 4° By the termination permitted in the last paragraph of Article 2417 and to the extent provided for by that text.
Ownership of real estate may be assigned as security for an obligation under a trust agreement entered into pursuant to the articles 2011 to 2030. The secured obligation may be present or future; in the latter case, it must be determinable. Notwithstanding Article 2029, the death of the natural person settlor does not terminate the trust contract created under this chapter.
In the event of a trust entered into by way of security, the contract shall mention, on pain of nullity, in addition to the provisions set out in Article 2018, the debt secured.
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 free disposal of the property assigned as 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 agreement so provides, to sell the property and remit all…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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