Notice of a mortgage foreclosure procedure pending on the property

1. Does your national system admit such restriction?

This land register system envisages this kind of notice or includes the possibility of registering a notice as such.

The seizure is preceded by a summons to pay against the debtor, which indicates that in case he doesn’t pay, his immovable assets will be seized. In the case of non-payment, the bailiff signifies an act of seizure, which will be transcribed.

2. In your system, once registered this restriction, does it block or freeze subsequent registrations (mostly the ones promoted by the owner of the property) until being removed?

Once registered this restriction, the effect is to block or freeze subsequent registrations, apart from implying a warning to third parties.

The leases which aren’t provided with a certain date through their registration before the summons, can be cancelled on the creditor’s demand. The owner can’t sell his property with effect at the date of the transcription of the seizure act.

3. In your system, in principle, will the registration of this restriction be temporary (under a deadline) or indefinitely (it will be in force until being removed)?

In this system the duration of the registration of this restriction will be indefinite until the seizure is validated or not by the court.

4. Indicate the national legal sources about this judicial restriction

Articles 809, 810, 815, 821, 823, 832, 850 of the new civil procedure code & the amended law from the 2/01/1889 about the immovable seizure.

5. Please, give us an idea about the characteristics of the registration of this restriction in your system

The seizure act is transcribed in/during the 15 days that follow the notification of it, in the Land Registry where the immovable assets are located.