When the department responsible for land registration, issuing a certificate to the new holder of a right in rem in immovable property, omits to register a mortgage, the right remains in the hands of the new holder, free of the undisclosed mortgage, provided that the issue of the certificate was requested by the interested party as a result of the publication of his title. Without prejudice to any recourse it…
Except in cases where they are justified in refusing the filing or rejecting a formality, in accordance with legislative or regulatory provisions, on land registration, the services responsible for land registration may not refuse or delay the performance of a formality or the delivery of documents regularly requested, on pain of damages and interest from the parties ; to the effect of which, minutes of the refusals or delays will,…
The departments responsible for land registration will be required to keep a register in which they will enter, day by day, and in numerical order, the delivery to them of deeds, court rulings, slips and, generally, documents deposited with a view to the performance of a registration formality. They will only be able to perform the formalities on the date and in the order of the deliveries made to them….
The register kept pursuant to the preceding article shall be numbered and initialled on each page, by first and last, by the judicial court judge within whose jurisdiction the office is established. It is closed each day. As an exception to the preceding paragraph, a written computer document may take the place of a register; in this case, it must be identified, numbered and dated as soon as it is…
In the departments responsible for land registration whose register is kept in accordance with the provisions of the second paragraph of Article 2448, a certificate is issued of the formalities accepted for filing and pending registration in the real estate file for the properties individually designated in the request for information. A decree of the Conseil d’Etat shall specify the content of this certificate. .
An unpaid mortgagee may pursue the sale of the mortgaged property in accordance with the procedures set out in the Code of Civil Enforcement Procedures, from which the mortgage agreement may not derogate. The sale price is paid in preference to unsecured creditors. If he is in competition with other mortgage creditors, he is paid in the rank assigned to him by articles 2418 to 2420.
The mortgagee may also apply to the court for the property, if it is not the principal residence of the grantor, to remain in payment to him.
It may be agreed in the mortgage agreement that the creditor will become the owner of the mortgaged property. However, this clause has no effect on an immovable that is the debtor’s principal residence.
In the cases provided for in the two preceding articles, the property must be valued by an expert appointed amicably or judicially. If its value exceeds the amount of the secured debt, the creditor owes the debtor a sum equal to the difference; if there are other mortgagees, he shall record it.
If the property is sold, the mortgage follows it into the hands of the third party purchaser. The third-party purchaser is thus obliged, within the limit of the registrations, for the entire secured debt, in capital and interest, whatever the amount. If it remains unpaid, the mortgagee may take legal action for the sale of the mortgaged property under the conditions set out in Book III of the code des…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
