harrop french lawyers (3)

When you have a lean or a mortgage on your French property and you are in default of payment, then the bank can initiate a procedure to seize the property to recover their debt. 

This kind of procedure also happens when an owner does not pay the building charges of the property (“charges de copropriété”).

All of the debtor’s property can be seized in order to obtain payment of the amount due but following a very detailed and specific procedure. 

The sooner you contact Nathalie HARROP to easier it will be to sort the issue. 

PROCEDURE:

The bailiff sends an order to pay to the debtor, including in his details an obligation to pay within a month.

This command to pay makes it impossible for the owner to sell his property, donate their property or even collect rent. Thus, the meaning of this command to pay is equivalent to seizing the good.

After the expiry of the period, a report describing the seized property is drawn up following a visit by the bailiff, in the presence or absence of the owner.

Within two months of being served, the order to pay is issued to the mortgage office.

This publication allows the creditor, within two (2) months following it, to summon the debtor to appear before the court judge during an orientation hearing which will render a decision, determining whether it will be an amicable or forced sale.

Once you have received the summons to appear in Court it is extremely important that you contact us prior to the hearing so we can delay the auction sale in order to allow you to sell your property amicably or settle the debt outside of court.

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