Registration and obtaining legal guarantees

Legal mortgage of the construction

Construction and renovation

• The legal mortgage in favour of persons who have participated in the construction or renovation of an immovable protects the sums owed to them for the work performed. It gives its beneficiary a priority right over the mortgage lender on the property on which it is registered.
• The legal mortgage is used in the construction industry and is distinguished by its preferential rank.
• Architects, engineers, material suppliers, workers, contractors and subcontractors can benefit from it.
• It is important to publish it in the land register 30 days after the end of the work by means of a notice designating the encumbered building and the amount of the claim.

Mortgage of co-ownerships

• The legal hypothec of the syndicate of co-owners protects the payment of common expenses and contributions to the contingency fund on the condition that the debtor has been in default for at least 30 days.
• It is acquired by registration of a notice at the Land Registry Office or the Land Registry Office established for the land district and does not require service of the notice of registration on the defaulting co-owner (debtor). Registration is a strong protective measure that can be acquired at little cost.

RDPRM

• Le Registre des droits personnels et réels mobiliers (RDPRM) makes it possible to find out if certain assets (road vehicles, business assets, etc.) have been given as security or if they are subject to a debt.
• The registration in the RDPRM allows :
  • Establish the priority of an interest in relation to other interests registered on the property. A creditor is notified if an action is taken against property for which he or she has registered a notice of address.
  • To make public a right relating to movable property (e.g.: movable hypothec, reservation of ownership, lease) or to a person (e.g.: marriage or civil union contract, divorce judgment, appointment of a liquidator). Some 110 different rights (List of published rights) can be registered in the RDPRM.

Checking liens

• if you are buying from a private individual, always check that the property purchased is free of liens and mortgages.
• Maîtres du Recouvrement consults the various land and personal rights registers for its clients.
• Avoid inheriting other people’s debts with Maîtres du Recouvrement.

Judicial enforcement

• If the convicted person does not pay you the required amounts within the allotted time, you, as the creditor, can undertake the following enforcement procedures:
  • • Question the debtor about his or her assets and sources of income;
    • Seize the debtor’s personal property (for example, the debtor’s car);
    • Seizing other property of the debtor that is in the possession of a third party (for example, wages or bank accounts);
    • Seizing the debtor’s real property, except for the debtor’s principal residence.
  • Whether it is a matter of carrying out forced execution against the debtor’s person (eviction) or carrying out forced execution on the debtor’s property (seizure), Maîtres du Recouvrement is your best ally.
    • See Debt Collection and Judgment Management for more details.

Legal Framework for Sales Contracts

• The contract of sale is a legal document that establishes the terms of the sale of goods between persons and the conditions required for the seller to transfer ownership of a good to the buyer (in return for payment).
• Too often overlooked, the contract of sale is central to the transaction. The drafting of a sales contract must include certain legal mentions in order to protect the parties.
• The team at Maîtres du Recouvrement can guide you through all the stages of the sale. Fast and affordable service.
• Our service includes:
  • Contract drafting and review;
  • Validation of ownership links;
  • Compliance with the terms and conditions of sale;
  • Transfer of ownership;
  • Issuance of releases.

Obtaining judgments

Maîtres du Recouvrement only advises its creditor-clients to take legal action if the debtor’s assets justify it and if there is little or no chance of bankruptcy. Under certain conditions, we can represent you before the various courts to obtain an enforceable judgment against your recalcitrant debtor.

In Quebec, there are several steps to follow to obtain an enforceable judgment:

1. Initiate legal proceedings: To obtain a judgment, the creditor must initiate legal proceedings against the debtor.
2. Summoning the debtor: The debtor must be informed of the lawsuit and invited to respond. This is done through a summons service.
3. Hearing: If the debtor does not respond to the summons, a judgment may be entered in his absence. If the opposing party responds to the citation, a hearing will be held to allow both parties to present their case.
4. Judgment: After the hearing, the court will issue a decision, called a judgment.
5. Enforcement: If the judgment is in your favour, you can apply to have it enforced to ensure that the court’s decision is respected.

It is important to note that the court process can be complex and take some time. The lawyers at Maîtres du Recouvrement are specialized in navigating the legal system and minimizing procedural delays.

We offer allied representation or accompaniment for a file qualifying for Small Claims Court and legal representation before the Superior Court of Quebec.