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 successful bidder or, in the case of a société civile immobilière or en nom collectif, one of its partners or corporate officers, has been sentenced to one of the penalties mentioned in Article L. 322-7-1, the clerk’s office refers the matter to the judge who, after requesting observations from the parties, automatically declares the auction sale null and void by means of a non-appealable order in which he sets the new sale hearing for a date within a period of two to four months following his decision.
The court clerk’s office notifies the distrainee debtor, the pursuing creditor, the registered creditors and the successful bidder of the order by registered letter with acknowledgement of receipt.