The publication formalities are carried out at the behest of the higher bidder or, in his absence, the pursuing creditor, on the price modified by the higher bid.
On the day of the hearing, the bidding is resumed in accordance with the conditions set out in articles R. 322-39 to R. 322-49, at the price modified by the higher bid. If the higher bid is not covered, the higher bidder is declared the successful bidder. No higher bid may be received on the second auction. The provisions of article R. 322-49-1 are applicable.
Payment to the escrow agent or deposit with the Caisse des Dépôts et Consignations of the price to which the successful bidder is liable pursuant to article L. 322-12 shall be paid within two months of the date of the final auction, failing which the bids shall be repeated. Once this period has elapsed, the sale price is automatically increased by interest at the legal rate until the price has…
Where the funds are held in escrow, they earn interest at a rate set by the terms and conditions of sale, which may not be less than the interest rate paid by the Caisse des dépôts et consignations. The interest accrues to the creditors and, where applicable, to the debtor, and is distributed to them together with the price of the property.
The costs of prosecution and, where applicable, of any higher bids and transfer duties are paid by the successful bidder in addition to the price. Proof of this must be provided to the court clerk’s office before the expiry of a period of two months from the date of the final award, failing which the bids may be repeated. Any stipulation to the contrary is deemed unwritten.
In addition to the information required for all judgements, the adjudication judgement refers to the orientation judgement, the judgements ruling on disputes and the conditions of sale. It designates the pursuing creditor and, where applicable, the subrogated creditor. It mentions the publicity formalities and their date, the description of the property sold, the date and place of the forced sale, the identity of the successful bidder, the auction price and…
The auction judgement is notified by the pursuing creditor to the debtor, to the registered creditors, to the successful bidder and to any person who has raised a dispute that is settled by the decision. Only an adjudication judgment that rules on a dispute may be appealed on this ground within fifteen days of its notification.
The deed of sale consists of the enforceable copy of the conditions of sale, which is followed by a transcript of the auction judgement. If the identity details provided by the successful bidder are incomplete for the purposes of land registration, the successful bidder’s lawyer must complete them by submitting a written declaration to the registry no later than the third working day following the auction hearing. This additional declaration…
The title de vente is issued by the registrar to the successful bidder. It is also issued to the pursuing creditor, at the latter’s request, in order to proceed with the formalities for publicising the title, in the absence of diligence to this effect on the part of the successful bidder. If the forced sale comprises several lots, a copy is issued for each purchaser. The receipt for payment of…
The deed of sale is published in the real estate register in accordance with the rules for judicial sales, at the request of the purchaser or, in his absence, of the creditor pursuing the distribution.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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