Section 3: Out-of-court sales with judicial authorisation

An application for the amicable sale of the property may be submitted and judged before service of the summons to appear at the orientation hearing, provided that the debtor brings into question the creditors registered on the property. The decision granting the application suspends the course of the enforcement proceedings, with the exception of the period allowed for registered creditors to declare their claims.

The enforcement judge who authorises the out-of-court sale sets the amount of the price below which the property may not be sold, taking into account the economic conditions of the market and, where applicable, the specific conditions of the sale. The judge charges the costs of the proceedings at the request of the pursuing creditor. He sets the date of the hearing at which the case will be recalled within…

The debtor takes the necessary steps to conclude the amicable sale. He shall report to the pursuing creditor, at his request, on the steps taken to this end. The pursuing creditor may, at any time, summon the debtor before the court to declare his failure to act and order the resumption of the forced sale procedure. If the proceedings are resumed after the orientation hearing, the judge sets the date…

The sale price of the property and any sums paid by the purchaser for any reason whatsoever are deposited with the Caisse des Dépôts et Consignations and acquired by the creditors participating in the distribution and, where applicable, the debtor, for distribution to them. If the sale is not completed due to the purchaser’s fault, and subject to the legal or regulatory provisions relating to the purchaser’s right of withdrawal,…

The notary responsible for drawing up the deed of sale may obtain, in return for a receipt, delivery from the pursuing creditor of the documents collected for the purpose of drawing up the schedule of conditions of sale. The taxed costs are paid directly by the purchaser in addition to the sale price.

At the hearing where the case is recalled, the judge ensures that the deed of sale complies with the conditions he has set, and that the price has been deposited. He will not record the sale until these conditions have been met. He then orders the cancellation of the mortgage registrations taken out on behalf of the debtor. No appeal may be lodged against the judgement. The land registry that…