Quebec Real Estate Licensing Exam Practice · Question
A lender holding a hypothec on an immovable in Montréal initiates a recourse due to the borrower's default. If the lender chooses to sell the immovable themselves, rather than through judicial authority, what specific hypothecary recourse are they exercising under the Civil Code of Québec?
The Civil Code of Québec outlines various hypothecary recourses. 'Sale by the creditor' (Art. 2784 C.c.Q.) allows the hypothecary creditor to sell the property
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Question: A lender holding a hypothec on an immovable in Montréal initiates a recourse due to the borrower's default. If the lender chooses to sell the immovable themselves, rather than through judicial authority, what specific hypothecary recourse are they exercising under the Civil Code of Québec?
Answer options: ✅ Sale by the creditor
- Taking in payment
- Taking possession for administration
- Sale under judicial authority
Correct answer: Sale by the creditor
Explanation: The Civil Code of Québec outlines various hypothecary recourses. 'Sale by the creditor' (Art. 2784 C.c.Q.) allows the hypothecary creditor to sell the property themselves, without a court order for the sale.
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