Legal Hypothec :
Only the following claims may give rise to a legal hypothec :
- Claims of the State for sums due under fiscal laws, and certain other claims of the State or of legal persons, established in the public interest, under specific provision of law.
- Claims of persons having taken part in construction or renovation of an immovable property.
- Claim of a syndicate of co-owners for payment of common expenses and contributions to the contingency fund.
- Claims under a judgement.
We collect for you the following : Construction Legal Hypothec, Legal Hypothec CSST Law, Legal Hypothec Income Taxes Law, Legal Hypothec Land Tax Law and Conventional Legal Hypothec (resulting from a judgement).
Notice of withdrawal of authorisation to collect rents :
The creditor may at any time withdraw his authorisation to the grantor to collect. To do so he shall notify the grantor and debtor of the hypothecated right that he himself will thenceforth collect the sums falling due. The withdrawal of authorisation shall be registered.
Voluntary surrender :
Surrender is voluntary where, before the period indicated in the prior notice expires, the person against whom the hypothecary right is exercised abandons the property to the creditor in order that the creditor may take possession of it or consents in writing to turn it over to the creditor at the agreed time.
Forced surrender :
Forced surrender : The surrender is forced when the court orders it, having noticed the existence of the claim, the defect of the debtor, the refusal to surrender voluntarily and the absence of a valid cause for objection.
Advance notice of exercise of rights :
Following the registration of their prior notice of exercise of rights, a creditor can, when their debtor is at fault and when their claim is liquid and due, exercise the following hypothecary rights : taking up the good burdened to administer it, taking it in payment for their claim, selling under the control of justice or sell it themselves.
|
