Before the end of the hearing, the last-bidding lawyer declares the identity of his principal to the court clerk and gives him the certificate referred to in article R. 322-41-1.
In the absence of a bid and when the amount of the reserve price has been modified by the judge, the property is immediately put back up for sale by successive reductions of this amount, if necessary up to the amount of the initial reserve price.
The provisions of this section shall be prescribed on pain of nullity of the auction raised ex officio. Any new bid duly made shall cover the nullity of the previous bids. Nullity of the last bid automatically entails nullity of the auction.
Challenges to the validity of the bids shall be made orally at the hearing, through a lawyer. The judge shall rule immediately and, if necessary, immediately resume the bidding under the conditions set out in Article R. 322-43.
In the absence of a valid higher bid and where the certificate mentioned in article R. 322-41-1 does not specify that the property is intended for the personal occupation of the principal, the registry service requests the bulletin n° 2 of the criminal record of the bidder declared the successful bidder and, in the case of a non-trading property company or partnership, of its partners and corporate officers. Where the…
Where the property is put back up for sale by way of a new auction pursuant to the provisions of Article R. 322-49-1, the provisions of articles R. 322-70 to R. 322-72.
Any person may make a higher bid of at least one tenth of the main sale price.
On pain of inadmissibility, the higher bid must be made by a lawyer and filed at the registry of the enforcement judge within ten days of the auction. It is equivalent to a request for a higher bid hearing to be set. The lawyer must certify that he has obtained from his principal an irrevocable bank guarantee or a bank cheque for one tenth of the main sale price. The…
No later than the third working day following the declaration of the higher bid, the higher bidder shall denounce it by bailiff’s deed or by notification between lawyers to the pursuing creditor, the successful bidder and the distrainee debtor, failing which it shall be inadmissible. The notice of seizure recalls the provisions of article R. 311-6 and the second paragraph of this article; a copy of the certificate provided for…
The higher bid hearing is set by the enforcement judge for a date within a period of two to four months following the declaration of higher bid. If the declaration of higher bid is contested, this period runs from the date of the rejection decision. The distrainee, the pursuing creditor, the registered creditors, the successful bidder and the higher bidder are notified by the court registry of the date of…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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