Saisieimmobilière

Saisieimmobilière is a French legal procedure that allows a creditor to seize and sell a debtor's real estate property to satisfy a debt. This process is typically initiated when a debtor fails to meet their financial obligations, such as mortgage payments, unpaid loans, or significant tax arrears. The procedure is governed by specific articles within the French Code of Civil Enforcement Procedures.

The saisieimmobilière process begins with a formal notice to the debtor, followed by the registration of a "commandement de payer" at the land registry. If the debt remains unpaid, the creditor can then proceed with the sale of the property. This usually involves a public auction, where the property is sold to the highest bidder. The proceeds from the sale are used to repay the creditor, with any surplus distributed to other creditors or returned to the debtor.

There are two main types of saisieimmobilière: saisie immobilière ordinaire and saisie immobilière simplifiée. The simplified procedure is available in certain circumstances, such as when the debtor consents to the sale or when the property is clearly insufficient to cover the debt. Throughout the process, the debtor has certain rights, including the possibility of blocking the sale by paying the outstanding debt or by reaching an agreement with the creditor. Legal professionals, such as avocats and notaires, play a significant role in guiding both creditors and debtors through the complexities of this legal framework.