The compulsory sale may only be postponed in the event of force majeure or at the request of the Commission de surendettement (excessive debt commission) made pursuant to articles L. 722-4 or L. 721-7 of the French Consumer Code.
If the compulsory sale is adjourned to a later hearing, it will be advertised again in the same way and within the same timeframe as the first compulsory sale.
The forced sale shall be conducted after advertising to ensure that as many bidders as possible are informed in accordance with the conditions set out in this section.
The compulsory sale is announced at the initiative of the pursuing creditor between one and two months before the auction hearing. To this end, the pursuing creditor drafts a notice, deposits it at the execution judge’s registry so that it can be posted without delay in the court premises, in a place that is easily accessible to the public, and arranges for its publication in one of the legal gazettes…
Within the period mentioned in article R. 322-31 and at the request of the pursuing creditor, a simplified notice is affixed at the entrance or, failing this, at the boundary of the seized property and published in two periodical editions of local or regional newspapers, at the rate for ordinary advertisements. This notice indicates, with the exception of the forced nature of the sale and the identity of the debtor:…
A copy of the notice published in the newspaper and a copy of the notice affixed to the property shall be certified by a bailiff.
On the first working day following the sale, and except where the sale is carried out after an improved bid, an extract from the minutes of the hearing, mentioning the sale price and the costs charged, is displayed by the registry at the door of the courtroom during the period in which the improved bid may be made. The extract shall mention the summary description of the immovable as set…
In the event of a higher bid or a repeat bid, the new sale is preceded by the usual publicity procedure.
The pursuing creditor or the registered creditors may, without having to obtain the authorisation of the court, use any additional means of information to announce the sale. Such means must not entail any costs for the debtor or reveal the forced nature of the sale or the name of the debtor.
An application may be made to the enforcement judge by the pursuing creditor, one of the registered creditors or the distrained party to arrange, restrict or complete the publicity measures provided for in Articles R. 322-31 to R. 322-35. The request is made, depending on the case, at the orientation hearing, no later than two months before the auction hearing or within two working days of the sale.
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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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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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