Section 6: Registration of mortgages

The services responsible for land registration are required to issue, to all those who so request, copies or extracts of documents, other than registration slips, which are deposited there within the limit of fifty years preceding that of the requisition, and copies or extracts of subsisting registrations or certificates that there are no documents or registrations falling within the scope of the requisition. They are also required to issue copies…

I. – The State is liable for the loss resulting from faults committed by each service responsible for land registration in the performance of its duties, in particular: 1° The failure to publish deeds and judicial decisions filed with the services responsible for land registration and the required registrations, whenever this failure to publish does not result from a refusal or rejection decision; 2° The omission, in the certificates issued…

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. .