Definition : Legal recourse - Recourse relating to the exercise of a hypothecary right

Legal proceeding allowing a creditor holding a conventional or legal hypothec to obtain recognition of his rights, when the debtor is in default of fulfilling his obligations and the claim is liquid and exigible. Before exercising a hypothecary recourse, the creditor must always give the debtor a prior notice that is served and published in the Québec Land Register (when the hypothec is immovable). The creditor generally has two options of recourses: sale under judicial authority or taking in payment. Insofar as the debtor is an enterprise, the creditor could also opt for taking possession for purposes of administration.

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The syndicate of co-owners must, to meet the expenses arising from the co-ownership and the operation of the immovable, collect from its members the necessary sums. It is therefore essential that the co-owners meet their financial obligations on an ad hoc basis. However, the failure to pay general or special  common expenses (condo fees) is one of the most contentious co-ownership’s issues. The role of the board of directors in this matter is paramount, it is up to it to collect the debts of the syndicate. Unless this task is delegated to the condo manager. The syndicate must therefore take the necessary steps to collect the unpaid sums.  A review of the options in such cases.
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