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Article R322-7 of the French Code of civil enforcement procedures

In addition to the information provided for inArticle 56 of the Code of Civil Procedure, the notice shall include, on pain of nullity : 1° An indication of the place, date and time of the orientation hearing; 2° A summons to acquaint oneself with the schedule of conditions of sale, which may be consulted at the registry of the enforcement judge, where it is deposited no later than the fifth…

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Article R322-9 of the French Code of civil enforcement procedures

Mention of the issue of the summons and the notices is made in the margin of the copy of the summons to pay for the seizure published in the real estate register within eight days of the last summons being served. From the date of this entry, the registration of the summons may only be cancelled with the consent of all registered creditors or by virtue of a judgment enforceable…

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Article R322-10 of the French Code of civil enforcement procedures

At the latest on the fifth working day following the summons delivered to the distrainee debtor, the pursuing creditor deposits at the registry of the execution judge a schedule of conditions of sale containing a description of the property and the terms of the sale. A copy of the summons issued to the debtor and a certified mortgage statement as at the date of publication of the summons to pay…

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Article R322-11 of the French Code of civil enforcement procedures

The terms and conditions of sale are drawn up under the responsibility of the pursuing creditor. It may be consulted at the registry of the execution judge or at the office of the pursuing creditor’s lawyer. Subject to the provisions of article L. 322-6 relating to the amount of the upset price, the stipulations of the conditions of sale may be contested by any interested party.

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Article R322-12 of the French Code of civil enforcement procedures

The period within which a registered creditor who has been notified of a summons to pay equivalent to a seizure must declare his claim is two months from the date of notification. However, a creditor who can prove that his default is not due to his own fault may ask to be authorised to declare his claim after the time limit has expired. The judge shall rule by order upon…

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Article R322-13 of the French Code of civil enforcement procedures

Creditors who have registered their security interest in the property after publication of the summons to pay serving as a seizure order but before publication of the sale, intervene in the proceedings by declaring their claim, based on the principal, costs and interest accrued to the date of the declaration. On pain of inadmissibility, the declaration is made by a lawyer’s deed filed at the registry of the enforcement judge…

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Article R322-15 of the French Code of civil enforcement procedures

At the orientation hearing, the enforcement judge, after hearing the parties present or represented, verifies that the conditions of articles L. 311-2, L. 311-4 and L. 311-6 have been met, rules on any disputes and incidental claims and determines how the proceedings are to be pursued, by authorising an out-of-court sale at the request of the debtor or ordering a forced sale. When authorising an out-of-court sale, the judge ensures…

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