Expertises connexes

The Civil Code provides for two types of hypothecs: legal and conventional. Conventional hypothecs are those created by contract and most often by the home owner of an asset to obtain financing. Under certain conditions, it is possible to hypothec movable property such as a car, a computer or other. Legal hypothecs are created without the consent of the owner when certain circumstances are met, for example in the construction of a building or at the non-payment of property taxes, school taxes or amounts payable under the tax laws.

Although the majority of conventional hypothecs cannot be legally established without notarial deed, the fact remains that they can be drafted and planned by lawyers. In addition, all disputes relating to hypothecs and taken to court fall within the scope of competence of lawyers.

For example, you just bought a used car from a friend of a friend. You receive a letter notifying you that you have to repay a debt owed by the seller otherwise the car will be seized. You can repay the debt or give back the car. Of course, you have a recourse against the original seller, but this unfortunate situation could have been avoided by consulting the Registre des droits personnels et réels mobiliers.

You just had your home renovated and a subcontractor of your contractor informs you that he is beginning work at the request of your contractor for a certain price. This means that if the contractor you hired fails to pay him, he may claim the stated price directly from you because he will be entitled to register a legal hypothec on the home he renovated. Several options are available to you to prevent the registration of a hypothec on your home, do not hesitate to contact us.

Whether you wish to make a claim as hypothecary creditor or defend your assets against seizure by your hypothecary creditor, do not hesitate to ask for our experienced lawyers’ advice.