Property law: legal framework and solutions

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

The publication by the creditor, subrogated to a regularly registered mortgage, of the notice to pay preceding foreclosure, containing mention of the enforceable titles and the security interests attached thereto, is equivalent to the formality of the marginal note for making his rights enforceable against third parties. Violates Articles 673 and 674 of the Code of Civil Procedure, Article 35 of the Decree of 4 January 1955 and Article 2149 of the Civil Code, the judgment which orders, at the request of the trustee in bankruptcy of a debtor, the annulment of the foreclosure proceedings initiated by a subrogated creditor, in connection with a credit facility, on the ground that the latter had not registered his right of subrogation by marginal note on the existing mortgage registration, whereas his notice to pay preceding foreclosure referring to said registration had been registered prior to the judgment ordering the liquidation of assets.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.