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Auction, foreclosure, and enforcement procedures

What your lawyer can do for you when it comes to foreclosure and auction procedures

Domaine
#Auction
#Real estate
#Foreclosure

You wish to foreclose your debtor's property.

We can help you assist, and you represent in the context of the foreclosure proceedings so that you can recover your debt.

We take care of collecting the documents and we draw up the acts necessary for the foreclosure proceedings.

We represent you at the various hearings until the distribution of the sale price to which the dwelling has been awarded.

•A summons to foreclose your house has just been delivered to you by a bailiff (“huissier”).

We examine the elements of your file and we will advise on the best strategy to adopt to allow you to keep your home or, failing that, to sell out of court.

• As a creditor, you wish to pursue the compulsory enforcement of one of your rights.

We can accompany you in order to take precautionary measures, to carry out simple or more complex collection procedures or any means of enforcement.

• You are interested in a property sold at auction.

The presence of an attorney is mandatory to carry out the bids, we can accompany you in this process and carry out the bidding for you.

We collect for you all the preliminary information necessary to make sure you are properly informed on the property.

We draw up the preparatory acts to carry the bids.

We support the auction for you within the financial limits that you have previously indicated to us.

Your team

The team is multidisciplinary, and we combine our skills
and experience because we have our clients’ best interests at heart.

Jean-Baptiste
GUEDON

Lawyer

02 41 25 72 68 contact

Faculté de Droit d’Angers

Master 2 Contentieux privé

Faculté de Droit de Caen Normandie

 

Ecole des Avocats de Poitiers

 

Prestation de serment en 2020

Bertrand
BRECHETEAU

Partner

+33 (0)2 41 25 72 68 contact

Master’s degree in Private Law

University of Paris II – Panthéon Assas

Admitted to the bar in 1993

Specialist in Commercial,

Business and Competition Law

Sylvia
CRUBLEAU-COCHARD

Partner HR

+33 (0)2 41 25 37 05 contact

Master’s degree in Corporate Law

Admitted to the bar in 2001

Sylvie
RENAULT

Legal Assistant

+33 (0)2 41 25 37 05 contact

Margot
TANDILLE

Legal Assistant

+33 (0)2 41 25 72 68 contact

You have questions. We are here to help you.

• The bailiff has issued me with a writ of seizure of my home, what should I do?

When you receive a bailiff’s deed, you must first check the validity of the deed that has been given to you and whether your property can be legally seized and sold at auction.

After examining your situation, we will advise you in your best interests to consider all the possibilities available to you in the context of this procedure.

• Can a foreclosure be stopped?

It all depends on your situation and how far along you are in the process.

It is sometimes possible to switch to an amicable sale or simply to keep your property if we reach an agreement with your creditor early enough.

We are at your disposal to make a diagnosis of your situation with you and to consider the strategy to be implemented.

• Who can buy at auction?

With a few exceptions, anyone can buy a property sold by auction in a court of law.

Only a lawyer can carry out the bidding for you, so we can carry out the bidding for you before the court of enforcement.

• Can I visit the property?

  • Can I visit the property?

If you are interested in a property, you can contact us to obtain information on the building and in particular to take note of the specifications.

You can also visit the property on a fixed date specified on the advertisement published in the newspaper, or in our News section, “judicial real estate sales.”

• How much does it cost to buy at auction?

Before the hearing, you must submit a cheque for 10% of the amount of the reserve price. This amount may not be less than €3,000.

You must plan to pay in addition to the sale price and your lawyer’s fees:

  • Pre-sale expenses.
  • The costs associated with the auction (fees payable to the lawyer of the pursuing creditor and the lawyer of the successful bidder, the registration fees payable to the tax authorities calculated on the auction price).

There are no “notary fees” (“frais de notaire” in French).