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Article R322-56 of the French Code of civil enforcement procedures

Payment to the escrow agent or deposit with the Caisse des Dépôts et Consignations of the price to which the successful bidder is liable pursuant to article L. 322-12 shall be paid within two months of the date of the final auction, failing which the bids shall be repeated. Once this period has elapsed, the sale price is automatically increased by interest at the legal rate until the price has…

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Article R322-57 of the French Code of civil enforcement procedures

Where the funds are held in escrow, they earn interest at a rate set by the terms and conditions of sale, which may not be less than the interest rate paid by the Caisse des dépôts et consignations. The interest accrues to the creditors and, where applicable, to the debtor, and is distributed to them together with the price of the property.

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Article R322-58 of the French Code of civil enforcement procedures

The costs of prosecution and, where applicable, of any higher bids and transfer duties are paid by the successful bidder in addition to the price. Proof of this must be provided to the court clerk’s office before the expiry of a period of two months from the date of the final award, failing which the bids may be repeated. Any stipulation to the contrary is deemed unwritten.

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Article R322-59 of the French Code of civil enforcement procedures

In addition to the information required for all judgements, the adjudication judgement refers to the orientation judgement, the judgements ruling on disputes and the conditions of sale. It designates the pursuing creditor and, where applicable, the subrogated creditor. It mentions the publicity formalities and their date, the description of the property sold, the date and place of the forced sale, the identity of the successful bidder, the auction price and…

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Article R322-60 of the French Code of civil enforcement procedures

The auction judgement is notified by the pursuing creditor to the debtor, to the registered creditors, to the successful bidder and to any person who has raised a dispute that is settled by the decision. Only an adjudication judgment that rules on a dispute may be appealed on this ground within fifteen days of its notification.

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Article R322-61 of the French Code of civil enforcement procedures

The deed of sale consists of the enforceable copy of the conditions of sale, which is followed by a transcript of the auction judgement. If the identity details provided by the successful bidder are incomplete for the purposes of land registration, the successful bidder’s lawyer must complete them by submitting a written declaration to the registry no later than the third working day following the auction hearing. This additional declaration…

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Article R322-62 of the French Code of civil enforcement procedures

The title de vente is issued by the registrar to the successful bidder. It is also issued to the pursuing creditor, at the latter’s request, in order to proceed with the formalities for publicising the title, in the absence of diligence to this effect on the part of the successful bidder. If the forced sale comprises several lots, a copy is issued for each purchaser. The receipt for payment of…

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Article R322-64 of the French Code of civil enforcement procedures

Unless the terms and conditions of sale provide for the distrainee debtor to remain on the premises, the successful bidder may enforce any eviction order he may have against the distrainee and any occupant of the property who does not have any rights against him from the time of payment of the price or its deposit and payment of the taxed costs.

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