Dans les cas prévus aux deux articles précédents, l'immeuble doit être estimé par expert désigné à l'amiable ou judiciairement.
Si sa valeur excède le montant de la dette garantie, le créancier doit au débiteur une somme égale à la différence ; s'il existe d'autres créanciers hypothécaires, il la consigne.
NOTA:
NOTA : Ordonnance 2006-346 du 6 mars 2006 art. 57 : Spécificités d'application.
Article 2460
Dans les cas prévus aux deux articles précédents, l'immeuble doit être estimé par expert désigné à l'amiable ou judiciairement.
Si sa valeur excède le montant de la dette garantie, le créancier doit au débiteur une somme égale à la différence ; s'il existe d'autres créanciers hypothécaires, il la consigne.
Article 2460
Le tiers acquéreur qui a payé la dette hypothécaire, ou subi la saisie de l'immeuble hypothéqué, a un recours en garantie dans les conditions du droit commun et un recours subrogatoire contre le débiteur principal.
NOTA:
Conformément à l’article 37 de l’ordonnance n° 2021-1192 du 15 septembre 2021, ces dispositions entrent en vigueur le 1er janvier 2022.
Pour continuer la lecture
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