On the death of the borrower or the last living of the co-borrowers, the heirs may pay the debt capped at the value of the property estimated on the day the estate is opened. This valuation is carried out as necessary by an expert chosen by mutual agreement between the creditor and the borrower or appointed at their request.
Failing this, and notwithstanding the rules applicable to acceptance with the benefit of inventory, the mortgagee may, at his option:
– pursue the seizure and sale of the property under the conditions of ordinary law, in which case the debt is capped at the sale price;
– or be awarded ownership of the property by court order or by virtue of a commissory pact even though it constituted the borrower’s principal residence.
The mortgagee has the same option in the event of a vacant estate.