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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 831
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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If I have a lease back mortgage on a property in france and

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If I have a lease back mortgage on a property in france and I go into arrears on my mortgage or cannot pay , what is the legal process in the country .
Will they take the property and sell it or will they take a judgement against the individual , Can they take a judgement against a person in Ireland

TKenney, Ph.D. :

Hello,

TKenney, Ph.D. :

If you do not pay, the legal procedure in France is for the real estate property to be sold at an auction in the French court.

Customer:

I have a mortgage with a french Bank , They will not renegociate terms for repayment , Is there anything I can do

TKenney, Ph.D. :

I do a lot of these proceedings. They will serve you in Ireland to appear in French court. If you do not appear or you do not get a lawyer to represente you, the French judge will rule that the real estate property be sold at an auction in the Court.

Customer:

What is the procedure for it to go to court, and the time scales & when you say they will serve you in Ireland , by what means . I work in the Financial sector and cannot have a judgement against me

TKenney, Ph.D. :

You only chance to renegociate something will be before the French Judge at the trial that is called "orientation." At the orientation trial, you will be able to make as many propositins as you want, and the French judge will make the decision whether to grant you your wish or refuse your propositions and put the real estate property on sale.

Customer:

can you answer my question on the procedure for it to go to court & the fact that I cannot have a judgement against me

TKenney, Ph.D. :

The procedure is as follows: First the real estate property will be seized by a French ministerial officer called a "Huissier de Justice." This will mean that you will no longer have the rights to sell your property. Then the Bank will serve you to appear in court at the orientation hearing. At the orientation hearing the bank will be asking the French court to recognized that you are behind in your payements and to sell your real estate property at a public auction an auction. You will be able to conteste. If the judge decides to sell your real estate property, then a special lawyer will be appointed to set up the sale of the real estate property (publication, advertisement, formalities, visites, etc...). This can go very fast, withing in 3 months, depending on the what you decide to do. If you fight it , it will take longer, if yo do not contest it, the property could be sold in 3 months (that is the cas in Paris).

TKenney, Ph.D. :

Yes, thay can take a judgement against you in Ireland. But I doubt that they will, if they can get all their money from the auction sale of your property in France.

TKenney, Ph.D. :

Yes, they can take a judgement against a person in Ireland. But I doubt that they will do this, if they can get all their money from the auction sale of that person's real estate property in France.

Customer:

If the sale does not clear what is owed , what will they do then , will they allow you to pay back the bank over a period of time

TKenney, Ph.D. :

The time period of 3 months is after the ruling that the property be put on sale at an auction. To that you must add the time it will take for you to appear at the trial and recieved the court decision maybe 6 months depending on the trial. Again, your only chance to renegociate something will be before the French Judge at the trial the "orientation" trial.

TKenney, Ph.D. :

I am not a fortune teller, I can not tell you what they will do.

Customer:

Thanks for your help . it is difficult when you cannot speak french

TKenney, Ph.D. :

Yes I understand, you will need a lawyer to help you out. I do these cases all the time. http://paris.france.avocats.free.fr/index_e.html


Please understand that it is against the JustAnswer policy to advise customers on this website. While I am indeed a French lawyer in Paris, on this website, I am just a French law expert answering questions on French law and on my free time. I did not advise you, I just answered your question in accordance to what you can do under French law.


In order for me (or any lawyer, solicitor, or barrister) to counsel someone and tell them what they should do, I would need to see him/her (in person or on the phone), see all his/her documents, see all his/her evidence, get all the facts, understand the whole situation, ask a lot of questions, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following: "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.

TKenney, Ph.D. :

I am glad I was able to answer your question. Please don’t forget to provide a positive rating so I can get credit for the service I provided to you. If the answer was particularly helpful a BONUS is always appreciated too! Best regards XXXXX XXXXX!

Customer:

do you have an email or telephone no if i need to speak to you at a later date

TKenney, Ph.D. :

http://paris.france.avocats.free.fr/index_e.html

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