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Article R742-37 of the French Consumer Code

At the adjudication hearing, it shall proceed in accordance with the dispositions de la sous-section 3 de la section 4 du chapitre II du titre II du livre III du code des procédures civiles d’exécution, à l’exception de l’article R. 322-47. The provisions of article R. 322-58 of the same code are applicable to the payment of taxed costs and transfer duties. In addition to the information required for any…

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Article R742-38 of the French Consumer Code

Within a period of two months from the date of the final adjudication, the successful bidder shall deposit with the Caisse des dépôts et consignations the full amount of the adjudication price including interest at the legal rate running from the day on which the sale became final until the day of payment.

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Article R742-39 of the French Consumer Code

The reiteration of bids is governed by the provisions of articles R. 322-66 to R. 322-72 of the Code of Civil Enforcement Procedures, subject to the following reservations. In the event of failure to deposit the sale price or to provide proof of payment of taxed costs and transfer duties within the period provided for in article R. 742-38, the liquidator shall enjoin the successful bidder, by registered letter with…

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Article R742-40 of the French Consumer Code

At the request of the successful bidder, the judge in charge of property seizures shall record the purging of the mortgages taken on the property and order the cancellation of the corresponding registrations at the service responsible for land registration. He shall rule by order.

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Article R742-42 of the French Consumer Code

The proceeds of the sales are distributed among the creditors, after deducting a provision corresponding to the liquidator’s remuneration and the costs relating to the personal recovery procedure, including, where applicable, the costs of the auction procedure as well as the distribution procedure.

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Article R742-44 of the French Consumer Code

In order to distribute the proceeds of the sales, the liquidator draws up a distribution plan. To this end, he may summon the creditors. The draft distribution is notified to the creditors and the debtor by registered letter with acknowledgement of receipt. This letter indicates: 1° That a dispute may be lodged, with supporting documents, with the liquidator by registered letter with acknowledgement of receipt within a period of fifteen…

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Article R742-45 of the French Consumer Code

In the absence of a challenge within the period provided for in Article R. 742-44, the liquidator forwards the draft distribution, together with proof of receipt of this draft by the creditors and the debtor, to the Protection Litigation Judge for approval.

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Article R742-46 of the French Consumer Code

When the proposed distribution is contested, the liquidator summons the creditors and the debtor. If the creditors and the debtor reach an agreement on the distribution and, where applicable, on the release of registrations and publications, minutes are drawn up and signed by the creditors and the debtor. A copy shall be given or sent to them.

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