Article 2457
The third party purchaser must compensate the mortgagee for the loss resulting from any deterioration that has reduced the value of the property through his own act or fault. However, he may obtain re…
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Showing 101–110 of 53046 articles for “Art. CAA Marseille 24-1-2011 n° 09MA00172”
The third party purchaser must compensate the mortgagee for the loss resulting from any deterioration that has reduced the value of the property through his own act or fault. However, he may obtain re…
If the sale price exceeds the mortgage debt, the difference is for the third-party purchaser, except for the rights of his creditors registered on the property.
An unpaid mortgagee may pursue the sale of the mortgaged property in accordance with the procedures set out in the Code of Civil Enforcement Procedures, from which the mortgage agreement may not derog…
The third-party purchaser who has paid the mortgage debt, or suffered the seizure of the mortgaged property, has a recourse in warranty under the conditions of ordinary law and a subrogatory recourse…
After the sale, the third-party purchaser regains the real rights, in particular easements, that he had over the building before he acquired it.
In the cases provided for in the two preceding articles, the property must be valued by an expert appointed amicably or judicially. If its value exceeds the amount of the secured debt, the creditor ow…
Once summoned to pay, and without prejudice to the benefit of discussion provided for in the preceding article, the third-party purchaser may: -either pay, -or purge the property in accordance with th…
It may be agreed in the mortgage agreement that the creditor will become the owner of the mortgaged property. However, this clause has no effect on an immovable that is the debtor's principal residenc…
If the property is sold, the mortgage follows it into the hands of the third party purchaser. The third-party purchaser is thus obliged, within the limit of the registrations, for the entire secured d…
The mortgagee may also apply to the court for the property, if it is not the principal residence of the grantor, to remain in payment to him.
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