See you Manchester, bonjour Charente
The stuff of nightmares
I’m sure you’ll understand why I’m about to share a story with you. It’s the story of a family who live in my village and who have been living out a nightmare which I’m hoping to share for several reasons. Firstly, I’m hoping that someone out there has some experience and knows what to do in cases like this. Perhaps somebody can offer legal advice, or share this story further. If you can help, please do. Secondly, I wanted to share it as a cautionary tale.
Essentially, the Bécourt family bought a house six years ago. It was all above board and things went fine. Then they had a visit from a bailiff looking to collect upon a debt from the former house-owner. It was a 26,000€ debt.
Now you wouldn’t think that you could be held responsible for somebody else’s debts, but both the civil court in Angouleme and the appeal court in Bordeaux have agreed that the house should be auctioned to pay off the former owner’s debt. She was in compulsory liquidation when she signed the house over. She should have declared this. She didn’t. As a result, the debt has passed on to the Bécourt family, who are about to have their house auctioned from beneath them.
I’d read the story in the Charente Libre last April and when one of my lovely neighbours had asked me if I could translate the story and pass it among the English-speaking community, how could I do anything but that?
Nobody, but nobody, would think that a mum at the school gate was about to be evicted from the house she legally owns and has paid for because of somebody else’s debts. And nobody would want that to happen to their friend, their family, their neighbour.
Here’s what they say:
“It’s very difficult for us to write to you today but we no longer have any other options and we really hope that someone can come to our aid.
Here’s our situation:
We are going to lose the house that we bought, completely legally, six years ago in the Charente We are going to be removed from our home, which has infuriated us because it’s a situation that is completely out of our control.
All of this has happened to us because of debts on the house under the original seller’s name. The seller omitted to tell us when we bought the house that she was subject to a compulsory liquidation fourteen years before the sale of the house. Today, the liquidator wants to sell the house in order to reclaim the debts owed by the previous owner, despite us having bought it and living here. We have already lost once at the Tribunal de Grande Instance (the civil court) and once at appeal, and unfortunately since then, nobody has been able to offer us any help.
It’s become more and more urgent because the house has been put up for sale against our wishes and our whole family, including our children, will be made homeless when this happens.
We need legal help and publicity, and we hope that thanks to your social networks, financial aid or donations, we might be able to fight our corner. Unbelievable as the situation is, if we want to save our house and save ourselves from eviction, we need to pay the debts of the previous owner. If you could please pass on this message to your close friends, family, colleagues, acquaintances and anyone you think might be interested or be able to help, we would be eternally grateful. We want this message to be read by as many people as possible in France, even abroad, because it’s shameful that this is happening to us.
We wouldn’t wish anybody to be in our situation, but if anybody else is or has been, together we might be able to make things move forward more quickly.
Thank you to everyone who reads this; we really need you.”
Not only this, but it made me wonder how it is somebody can be held responsible for someone else’s debts. Inheritance and property is a complicated matter in France. I have already signed the paperwork to say that should my business go bankrupt, my house is safe, which shows you what part of the problem is. Your home is considered part of your assets as a business, especially for certain business types. So it’s legal for debt collectors or liquidators to seize it as part of the estate, then to auction it off.
You would think that the notaire would have been aware of this, and while I’m astounded that somebody would lie about their financial situation, I would have thought it was the notaire’s duty to find out if any debts were due on the property and to sort those out before the sale. Surely, any debts connected to the property should cease when the property changes hands? Or so you would think. Unfortunately, the notaire must purge the debts on the property and because the liquidators had put the file on the back-burner and done nothing with it from 1992-2005, the notaire wasn’t even aware of the debt.
So should the liquidators chase up a debt from 1992 on a property that no longer belongs to the debtor, when they did nothing for 13 years?
Should the notaire be held accountable because he didn’t discover these debts before the Acte de Vente?
How is it that the original debtor, who laughed in Sébastien Bécourt’s face when he contacted her, is no longer responsible, despite the fact it is her debt, her lies and her dishonesty that have caused this mess?
I don’t know.
But the courts decided that the liquidators had the right to chase the debt despite the sale of the house to an unconnected party, and the people affected by this debt from the early 1990s are the Bécourts, a career soldier, his childminder wife and their two children, who attend our local school.
It’s incredible and ludicrous, but surely someone out there knows someone who can bring this to the right people’s attention?
And if not, if you are buying a house, make sure your notaire has done his due diligence!
October 18th, 2012 at 15:24
What a horrific story; it’s unbelievable that the powers that be are happy to allow this, when they should be chasing the debtor. It’s equally unbelievable that the file was ignored for so long, and that the debtor has no remorse or scruples. I sincerely hope the genuine legal homeowners find someone with common sense who can help them.
October 18th, 2012 at 20:46
I know. It’s an unbelievable story – and one that all of we house-owners must be thanking our lucky stars hasn’t happened to us.
October 19th, 2012 at 08:43
Has anyone started a fund to help fight this injustice and make those truly responsible pay?
October 19th, 2012 at 10:25
I know the couple are taking donations, and I’m also aware they’ve had some good advice recently about issuing a counter-suit, so with every share and discussion, it gets much more positive. I think only lawyers could say ‘ah yes, well, it’s legal so therefore it’s okay’ – the general reaction is one of outrage, so let’s hope there are laws to help them as well.
October 19th, 2012 at 21:28
Cant the European courts of human rights help.?
October 19th, 2012 at 21:51
Doreen, I’m sure there must be some way forward – I know they’ve had lots of advice already and hopefully, there is some higher power that can put an end to this madness.
October 20th, 2012 at 09:34
I believe only the European Court of Human Rights is the solution. If the fight continues in the French courts it could go on forever!
October 21st, 2012 at 08:41
Julie, I’m sure you’re right. The French legal system seems like it’s due a good overhaul. I wonder if that will happen any time in the next fifty years?
October 28th, 2012 at 18:09
I am sick at heart for the family, they are victims of vice caché. My family and I have been fighting for justice in France since July 2007. We are also victims of vice caché, we, including our young grandson (his 8th birthday is today) have lived in a tent for the best part of 5+ years, through all seasons. Our property Case is now waiting to be heard in the French Supreme Court, ie the Cour de Cassation, Paris. Against the advice of our third avocat (more fraud involved), we also filed at the ECHR on 10 June 2010. The ECHR can only make a Judgement after the Cour de Cassation has judged. Acquiring French legal aid is a nightmare, but it can be done, we did it against all odds! I will be more than happy to share our knowledge of the next steps processes with the couple.
October 28th, 2012 at 18:43
That’s awful to hear, Chrissie. In many ways, I was hoping someone had been here before them, but in many other ways, I can’t imagine the hell it must have been. I’ll pass on your details. Thank you so much
October 29th, 2012 at 17:35
This is a terrible story and unbelievable that innocent parties should suffer. BUT, as we have found over the years this is France and the unbelieveable and unjust does happen!
As the owner was in compulsory liquidation at the time of the sale surely this was fact registered somewhere? We understand that it is the notaires job to ensure a clean and good transfer of title which he has simply not done – surely he can’t just say “oops I didn’t know about it” he should have checked the status of the vendor prior to completing the sale.
If it was us we’d be looking to sue the Notaire, he has not done his duty and he no doubt carries 3rd party liability insurance just as all other professional people should, to cover himself in case of an error of fact, action or judgement!
Go for the Notaire!
October 29th, 2012 at 17:40
Sorry, re the above, that should read Professional indemnity insurance
October 29th, 2012 at 19:07
I’m with you Liz. Chrissie’s story and experience gave me a little ray of hope about chasing the original debtor, too.
October 30th, 2012 at 13:10
The seller’s debt will have been registered as a judgement re opening of insolvency proceedings ie at the relevant regional greffe du tribunal. I believe the notaire should have discovered that.
Our notaire was found to be at fault by the first Appeal Tribunal justices. But, they ‘slapped her wrist’ and excused her by commenting that she was ‘young and inexperienced’!
Nevertheless, the couple’s avocat should have discovered the registered debt and aimed straight for the seller on grounds of vice caché.
To my knowledge, there’s a general statute of limitations in French law that puts a time limit of 30 years on civil claims. So, there was no real rush for the Lien claimant to make his/her move against the seller.
If the couple apply to the Cour de Cassation, all current action will stop, pending Cour de Cassation Judgement. We have been waiting for a Cour de Cassation hearing date since February 2010. The wheels turn slowly in French justice! But, that breathing space might be what the couple need to take stock – and possibly change their avocat.
November 2nd, 2012 at 13:51
They should sue the notaire and file a criminal complaint against the vendor for fraud!
November 11th, 2012 at 23:58
This may be helpful -
http://tinyurl.com/ak6dphz
Specifically, page 33
3.4.2. Title Search: Absence of Encumbrances
Sincere apologies for taking so long to find and share this. I have so much legal info in on-line storage, finding individual files takes a bit of time these days!
November 12th, 2012 at 20:40
Thanks Chrissie, that’s so helpful, and ‘bon courage a vous!’
November 21st, 2012 at 10:14
I think that she can be ok;
since the house was sold, and the former owner withhold information.
I think that the best way is to try to cancel the “buying procedure” for witholding facts.
I must say that the notaire is not “clean” in this history since he has to check out if the seller has no debt registrated with the property as a “caution”.
I will follow this…
November 21st, 2012 at 18:50
yes, they should sue the notaire ! Myself I would contact all main tv channels and tell them my story. They might get help from famous lawyers.
November 24th, 2012 at 07:40
I hope that the family have now got a plan of action, but I am sure that they will be glad to have your support.
November 24th, 2012 at 07:41
Eric, I’d agree with you. I don’t know French law well enough to know that the notaire can be prosecuted though.