When the execution judge orders the forced sale, he sets the date of the hearing at which it will take place within a period of between two and four months from the date of his decision. The judge determines the terms and conditions for visiting the property at the request of the pursuing creditor.
On the specified date, the pursuing creditor or, failing this, any registered creditor, who is then subrogated to the proceedings, requests the sale. If no creditor requests the sale, the court declares that the summons to pay serving as a seizure has lapsed. In this case, the defaulting creditor retains all the costs of the seizure unless the court decides otherwise, giving its reasons.
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.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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