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.
The costs of the distribution procedure, with the exception of those of disputes or claims, shall be advanced by the party requesting the distribution and deducted in priority to all others.
The procedure for the distribution of the price of an immovable governed by this Title applies, unless otherwise provided, to the distribution among creditors of the price of an immovable sold without any execution proceedings, after the purging of registrations. In this case, the procedure is pursued by the most diligent party before the court. The court appoints a receiver of the funds, unless deposit with the Caisse des dépôts…
In the month following publication of the title deed, the pursuing creditor, or failing that the most diligent creditor or the debtor, summons the creditors holding a published security interest in an immovable by destination mentioned in article L. 331-1 to declare their claim. This summons shall contain, under penalty of being declared null and void: 1° A copy of the summons to pay valid as a seizure of property;…
The period within which the creditor holding a published security interest in the immovable by destination must declare his claim is two months from the date of the summons served on him. The declaration is made by a lawyer’s deed deposited at the registry of the execution judge and notified on the same day or the first working day following this declaration to the pursuing creditor and to the debtor,…
Where there is only one creditor meeting the conditions set out in article L. 331-1, that creditor shall send a request for payment of its claim by registered letter with acknowledgement of receipt to the escrow agent or the Caisse des dépôts et consignations within two months of publication of the title de vente. The request for payment must state the reasons on which it is based. If the distribution…
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is a Registered Trademark of
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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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