Section 6: Registration of mortgages

Legal, judicial or contractual mortgages shall be registered with the service responsible for land registration of the location of the property, subject to the exception provided for in the second paragraph of Article 2418. Registration, which is never made ex officio by this service, may only take place for a specific sum and on specific immovables, under the conditions set by article 2423. In any event, the properties on which…

Mortgage creditors cannot usefully take out a registration on the previous owner, from the publication of the transfer made to a third party. Registration has no effect between the creditors of an estate if it has only been made by one of them since the death, in the event that the estate is accepted only up to the net assets or is declared vacant. In the event of a seizure…

The registration of mortgages is carried out by the department responsible for land registration on the filing of two forms dated, signed and certified as true by the signatory of the certificate of identity provided for in articles 5 and 6 of the decree of 4 January 1955; a decree in the Council of State determines the conditions of form with which the form intended to be kept by this…

For the purposes of their registration, mortgages on the lots of an immovable subject to the status of co-ownership are deemed not to encumber the share of the common parts included in these lots. However, registered creditors exercise their rights over the said share as it exists at the time of the transfer, the price of which forms the subject of the distribution; this share is considered to be encumbered…

Subrogations to mortgages, discharges, reductions, cessions of anteriority and transfers that have been granted, extensions of time limits, changes of domicile and, in general, all changes, particularly in the person of the creditor benefiting from the registration, which do not have the effect of worsening the debtor’s situation, are published in the real estate register in the form of notes in the margin of existing registrations. The same applies to…

The service responsible for land registration shall make a note, in the register prescribed by Article 2447 below, of the deposit of the slips, and shall hand to the applicant both the title or the copy of the title, and one of the slips, at the foot of which it shall mention the date of deposit, the volume and the number under which the slip intended for the archives has…

The mortgagee registered for a capital bearing interest and arrears, has the right to be collocated, for three years only, in the same rank as the principal, without prejudice to the specific registrations to be taken, bearing mortgage from their date, for interest and arrears other than those retained by the initial registration. However, the creditor has the right to be collocated for all interest, ranking pari passu with the…

It is open to the person who has requested a registration and to his representatives or assignees by authentic act to change the domicile elected by him in this registration at the service responsible for land registration, on condition that he chooses and indicates another domicile located in metropolitan France, in the overseas departments or in the territorial collectivity of Saint-Pierre-et-Miquelon.

The registration preserves the mortgage until the date set by the creditor in accordance with the following provisions. If the principal of the secured obligation is to be discharged on one or more specified dates, the latest effective date of the registration taken before the due date or the last due date provided for is, at most, one year after that due date, but the duration of the registration may…

Registration ceases to have effect if it has not been renewed by the date referred to in the first paragraph of Article 2429. Each renewal is required until a specified date. This date is fixed as stated in Article 2429, distinguishing according to whether or not the due date or the last due date, even if it results from an extension of time, is fixed and whether or not it…