Definition : Prior notice of the exercise of a hypothecary right

Prior warning that a hypothecary creditor must inform his debtor as to his intention to exercise his recourse relating to the exercise of a hypothecary right (taking in payment, sale under control of justice, sale by the creditor and taking possession for administrative purposes). The creditor must serve on the debtor the prior notice of exercise of a hypothecary right and file it with the land registry office, together with proof of service on the debtor and, where applicable, on the grantor, as well as on any other person against whom he intends to exercise his right. Article 2758 of the Civil Code of Quebec determines the mandatory content of the prior notice of the exercise of a hypothecary right.