French Consumer Code

When real estate seizure proceedings, suspended by the effect of the opening judgment, are resumed by the liquidator, the protection litigation judge, at the liquidator’s request, shall set or modify, if necessary, the upset price, the essential conditions of the sale, the terms of inspection and shall rule, at the request of the liquidator or one of the parties, on the measures to publicise the sale under the conditions of…

Within fifteen days of the publication of the judgment made pursuant to Article R. 742-28 or, where applicable, a reference to the judgment issued pursuant to article R. 742-31 alongside the copy of the summons published at the land registry office, the liquidator shall appoint a bailiff to draw up a description of the premises offered for sale under the conditions set out in articles R. 322-1, R. 322-2 and…

Within two months of the publication of the judgment made pursuant to Article R. 742-28 or the mention of the judgment made pursuant to Article R. 742-31 in the margin of the copy of the summons published at the service responsible for land registration, the liquidator shall draw up a schedule of conditions of sale and file it at the registry of the judge responsible for seizures of property of…

No later than the fifth working day following the filing of the conditions of sale, the liquidator notifies the parties of the date of the auction hearing by bailiff’s deed. The date is set, at the liquidator’s discretion, within a period of between two and four months following the date of the notice.

In the event of a challenge made pursuant to the provisions of article R. 742-34, the parties are summoned to a hearing by the registry of the judge responsible for property seizures, pursuant to the provisions of the third paragraph of article R. 124-7 of the code of civil enforcement procedures.

Subject to the modification of the conditions for advertising the sale provided for by the judgment delivered pursuant to the provisions of article R. 742-28 or article R. 742-31, the forced sale is announced under the conditions provided for by the provisions of articles R. 322-31 to R. 322-36 of the code of civil enforcement procedures.

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…

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.

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…

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.