Hello,
Following a civil lawsuit for hidden defects concerning the purchase of a house, a first judgment was rendered on 01/12/2017 and for which a provisional judicial mortgage had been published on 19/10/2017.
The case was retried on appeal on 09/10/2019 served on October 23, 2019.
The lawyer had my file until 11/14/2019 and the bailiff took over the file on that date.
Despite several reminders from me first to the lawyer and then to the bailiff concerning the deadline for the deposit of the final judicial mortgage, the latter did not get worried until February 2020. (I kept all the trades).
the final judicial mortgage was therefore not filed on time, I informed the bailiff.
He immediately made a request for information to the SPF on 02/18/2020 which gave an answer on 11/7/02019, the date of the update of the file where no other creditor was registered.
He took charge of the full payment of the new publication of the judicial mortgage, also acknowledging that he had not done so on time.
publication of the judicial mortgage on 04/10/2020.
I have just changed bailiff since nothing has progressed in the file since 2020 and the new bailiff has just sent me a copy of a request for information that he made on 07/15/2021 date of update day of the file on 07/14/2021 indicating that on the date of 12/09/2019 a new creditor had deposited a provisional judicial mortgage which was final on the date of 02/24/2021.
I therefore lost my rank, I was the first and the possibility of recovering the sum of € 75,000 that the debtor owed me is zero …….. the bank’s mortgage is at € 230,000. …
What are my options ?
the current bailiff tells me that it will be complicated for the seizure, since the bank is first, but for my part I think that there were serious breaches in the deadlines for the deposit of the final judicial mortgage and that the responsibility of the 1st bailiff is engaged, on the one hand he recognized and paid the costs of the deposit of the second judicial mortgage.
I am completely lost and I do not know what to do.
Thank you in advance for your advice.
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