Application to register a mortgage




When you have a claim against a person, you may, as a precautionary measure, apply to the courts for authorisation to register a provisional mortgage on your debtor’s property. The enforcement judge, if your claim is civil or the President of the Commercial Court, if your claim is commercial, is seized by request, without prior command. Your debtor is thus not warned so that he does not have time to hide his assets. Once you have obtained the judge’s authorization, you must register the provisional mortgage within three months or risk losing the benefit. In such a procedure, you must justify to the judge that your claim is founded in principle and that circumstances are likely to threaten its recovery.


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