When a creditor holds an enforcement order (judgement, notarial deed, coercion…), he can decide to initiate an enforcement procedure on his debtor’s real estate.
Typically, the procedure consisting in the seizure of real estate is the consequence of the absence of repayment of a mortgage loan.
It can however be initiated to recover any claim, REGARDLESS OF THE AMOUNT.
It consists of different phases:
You will have understood that in the absence of reaction, your real estate will be sold in a public auction.
If you want to avoid the sale of your real estate, you should try, as soon as at the time of the service of the order, to find an agreement about a repayment plan with the judicial officer or the creditor.
If no repayment agreement can be reached, you can submit to the Attachment Judge a request for private sale of the real estate, the price of which will be used by priority for the repayment of your different creditors.
A private sale is indeed often more interesting than a public sale, as a higher price is generally obtained.
CAUTION: such application must reach the Judge NOT LATER THAN EIGHT DAYS AFTER THE SERVICE OF THE WRIT OF ATTACHMENT.
If this deadline is not complied with, the sale procedure will be brought to completion.
SRL ALAIN BORDET
Quai des Ardennes 118-119,
4031 Angleur – Liège