Unless the terms and conditions of sale provide for the distrainee debtor to remain on the premises, the successful bidder may enforce any eviction order he may have against the distrainee and any occupant of the property who does not have any rights against him from the time of payment of the price or its deposit and payment of the taxed costs.
At the request of the successful bidder, the execution judge, who notes that the mortgages taken out on the property by the debtor have been purged, orders that the corresponding entries in the property register be deleted. This order is not subject to appeal.
If the successful bidder fails to pay the price, the taxed costs or the transfer duties within the prescribed time, the property is put back up for sale at the request of the pursuing creditor, a registered creditor or the distrainee, under the conditions of the first forced sale.
Any person pursuing the reopening of the auction shall have a certificate issued by the Registry stating that the successful bidder has not provided proof of payment of the price or its deposit or payment of the taxed costs or transfer duties. The person seeking to reopen the auction shall serve the certificate on the distrainee, the successful bidder and, where applicable, the creditor who requested the sale. In addition…
The successful bidder may contest the certificate within fifteen days of its notification. The decision of the enforcement judge ruling on this challenge is not subject to appeal.
If the successful bidder fails to comply with the summons, the property is put up for sale again by means of a new auction. The new sale hearing is set by the enforcement judge at the request of the party seeking to reopen the auction, at a date within a period of two to four months following the date on which the certificate issued by the registry was served on…
The publication formalities are repeated in the forms and under the conditions set out in articles R. 322-31 to R. 322-36.
On the day of the hearing, the bids are repeated under the conditions set out in articles R. 322-39 to R. 322-49. The provisions of article R. 322-49-1 are applicable.
The successful bidder at the initial sale retains the costs charged at the time of the auction. After a period of two months following the initial sale, he is liable for interest at the legal rate on his bid until the new sale. The person declared the successful bidder at the new auction is liable for the costs of the new auction.
Distribution of the price of the property shall be pursued at the instance of the distraining creditor or, failing that, the most diligent creditor or the debtor.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
