Chapter I: Seizure of immovable property

The creditor seizes the property by deed served on the debtor or third party purchaser.

The act of seizure renders the property unavailable and restricts the seized person’s rights of enjoyment and administration. The distrainee may not dispose of the property or encumber it with real rights, subject to the provisions of Article L. 322-1.Unless the property is rented, the distrainee is constituted sequestrator unless circumstances justify the appointment of a third party or the eviction of the debtor for serious reasons.

The act of seizure of an immovable carries with it the seizure of its fruits, except for the effect of a previous seizure.

Leases granted by the debtor after the act of seizure, regardless of their duration, cannot be set up against the pursuing creditor or the purchaser. Proof of the lease’s anteriority may be provided by any means.

The seizure of the property may be invoked against third parties from the time of its publication in the property register.Unpublished or subsequently published disposals that have not been made in accordance with the conditions set out in article L. 322-1 may not be set up against the pursuing creditor or the purchaser, unless a sum sufficient to pay the principal, interest and costs due to the registered creditors and…

If several of the debtor’s properties are seized at the same time, the debtor may ask the court to limit the seizures. He may also ask the court to convert part of the seizures into a mortgage on some of his properties, which will rank on the date of publication of the seizure, subject to registration of the security within one month of notification of the decision.