Sub-section 1: Method of registration of mortgages

The registration of mortgages is carried out by the department responsible for land registration on the filing of two forms dated, signed and certified as true by the signatory of the certificate of identity provided for in articles 5 and 6 of the decree of 4 January 1955; a decree in the Council of State determines the conditions of form with which the form intended to be kept by this department must comply. In the event that the registrant does not use a regulatory form, the service responsible for land registration will nevertheless accept the deposit, subject to the provisions of the penultimate paragraph of this article.

However, for the registration of legal mortgages attached to sentencing judgments and judicial mortgages, the creditor shall also submit, either by himself or by a third party, to the said department:

1° The original, an authenticated copy or a literal extract of the judicial decision giving rise to the mortgage, where this results from the provisions of Article 2401;

2° The judge's authorisation, the judicial decision or the title for a judicial mortgage.

Each of the slips contains exclusively the information and particulars laid down by decree in the Conseil d'Etat.

Filing is refused:

1° In the absence of presentation of the title generating the security for the legal mortgage attached to sentencing judgments and for the judicial mortgage;

2° In the absence of the mention referred to of the certification of the identity of the parties prescribed by articles 5 and 6 of the decree of 4 January 1955, or if the properties are not individually designated, with an indication of the commune where they are located.

If the service responsible for land registration, after accepting the deposit, finds that one of the prescribed particulars has been omitted, or that there is a discrepancy between, on the one hand, the particulars relating to the identity of the parties or the designation of the properties contained in the slip, and, on the other hand, these same statements contained in the slips or titles already published since 1 January 1956, the formality is rejected, unless the applicant regularises the slip or produces evidence establishing its accuracy, in which case the formality takes precedence on the date of submission of the slip recorded in the register of deposits.

The formality is also rejected when the slips contain an amount of secured debt greater than that shown in the title for the legal mortgage attached to sentencing judgments and for the judicial mortgage as well as, in the hypothesis referred to in the first paragraph of this article, if the applicant does not substitute a new slip on the regulatory form for the slip that is irregular in form.

The decree provided for above shall determine the procedures for refusal to file or rejection of the formality.