Definition : Taking in payment

Method of exercise of a hypothecary right by a creditor at the end of which the mortgaged property, whether movable or immovable, is taken over in full ownership by the creditor, in payment of the entire debt. Like any mortgage recourse, the taking in payment must be preceded by a notice of exercise. The taking in payment extinguishes the obligation and makes the creditor the owner of the property from the time of registration of the prior notice of exercise of his hypothecary right. Article 2778 of the Civil Code of Quebec states that the taking in payment requires notice and authorization from the court when the debtor has already paid more than half of the obligation (in capital and interest), unless there is a voluntary abandonment on the part of the debtor.

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When you buy in a newly built divided co-ownership, a portion of the fractions of the building (apartment, parking or storage space, etc.), or even all, can be the subject of a notice of legal hypothec of construction. The Civil Code of Quebec introduced this hypothec in order to protect the persons who participated in its construction or renovation (architect, engineer, supplier of materials, workman, contractor or subcontractor) so that they can be reimbursed for work and services carried out on an immovable. As a buyer, will you be required to pay the developer's debts if it defaults on its construction creditors? If so, will the amounts claimed be distributed among all co-owners? And what will happen if they refuse to pay?
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