Debtors’ area


Seizure of real estate


What is it about?

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:

  1. Order prior to attachment of immovable property : through this instrument, the creditor declares his intention to pursue recovery through the attachment of real estate.
  2. Attachment of immovable property : not earlier than fifteen days and not later than six months after the order, the creditor serves the writ of attachment which will be recorded at the mortgage registry. As soon as at the time of the service of the attachment, any act of sale or of donation of the immovable property becomes impossible.
  3. Appointment of the notary : after the service of the attachment, the creditor requests the Attachment judge to appoint a notary who will proceed to the forced sale of the immovable property. From that point on, the procedure is no longer in the hands of the judicial officer but in the notary’s hands.

Why should you react?

You will have understood that in the absence of reaction, your real estate will be sold in a public auction.

How to react?

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.

Contact

S.C.-S.P.R.L. Alain Bordet
Judicial Officers

Quai des Ardennes 118-119,
4031 Angleur – Liège
info@etudebordet.com

Legal notices

Company Number : 0478.382.719
VAT Number : BE 0478382719
Reg. Civ. Comp. Liège : n° 1415

IBAN / BIC:
BE58 0689 0930 2679
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Dear Madam, Dear Sir,
Our country is still facing the problem of Covid-19. We and our constituents try to take into account the different family and professional situations of each of us as much as possible.
If you have received an invitation to pay or a deed from us, we would like to keep your attention to the following points:

- If you do not belong to an affected sector (hotel and catering industry, events sector, economic unemployment, etc.): we invite you to pay as soon as possible, so that you can avoid additional costs.
- If you are part of an affected sector and you are unable to pay: contact us immediately so that together we can find the most appropriate solution, as far as possible, while taking into account your personal situation.
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