Quebec Real Estate Licensing Exam Practice · Question
A property in Trois-Rivières is subject to a hypothec in favour of a bank. The owner defaults on the mortgage payments. Which of the following is a possible hypothecary recourse the bank can exercise?
Article 2748 of the Civil Code of Québec lists several hypothecary recourses available to a creditor, including taking in payment of the immovable, exercising t
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Question: A property in Trois-Rivières is subject to a hypothec in favour of a bank. The owner defaults on the mortgage payments. Which of the following is a possible hypothecary recourse the bank can exercise?
Answer options: ✅ Taking in payment of the immovable by the creditor.
- Forcing the sale of the immovable by public auction only.
- Demanding immediate repayment of the full loan balance without prior notice.
- Seizing and selling the owner's personal movable property.
Correct answer: Taking in payment of the immovable by the creditor.
Explanation: Article 2748 of the Civil Code of Québec lists several hypothecary recourses available to a creditor, including taking in payment of the immovable, exercising the rights resulting from a prior registration, taking possession for administration, and selling the immovable (by the creditor or under judicial authority).
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