Chapter II: Provisional advertising

At the latest eight days after the registration forms have been filed or the pledge has been served, the debtor shall be informed by a bailiff’s deed, failing which the pledge shall lapse. Under penalty of nullity, this document shall contain 1° A copy of the court order or deed under which the security was taken; however, in the case of a notarised bond or a claim by the State,…

Where the creditor already holds a writ of execution, release from provisional publication may be requested until final publication, which may not take place less than one month after service of the document provided for in Article R. 532-5.

Provisional publicity preserves the security interest for three years. It may be renewed for the same period. Renewal is carried out in accordance with the conditions set out in articles 61 et seq. of decree no. 55-1350 of 14 October 1955 implementing decree no. 55-22 of 4 January 1955 on the reform of land registration, for the provisional registration of mortgages, and in the same manner as the initial registration…

If the property is sold before the final publicity has been completed, the creditor holding the legal security has the same rights as the holder of a conventional or legal security. However, the creditor’s share of the price is deposited with the Caisse des dépôts et consignations. This share is returned to him if he can prove that the final publicity has been carried out within the stipulated period. Failing…

Where the value of the encumbered assets is clearly greater than the amount of the sums secured, the debtor may have the court limit the effects of the provisional security if he can prove that the value of the assets remaining encumbered is double the amount of the sums secured.