Subsection 6: The auction judgement and the bill of sale

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…

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.

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…

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…

The deed of sale is published in the real estate register in accordance with the rules for judicial sales, at the request of the purchaser or, in his absence, of the creditor pursuing the distribution.