Facts
On July 6, 2017, B. (the creditor) initiated foreclosure proceedings against A. (the debtor) for the realization of a real estate lien. In the foreclosure request, the creditor indicated that "legal management is not required". On October 10, 2018, the creditor requested the extension of its right of pledge to the rents and leases of the encumbered property until the outcome of the debt release action filed by the debtor is known.
The Federal Tribunal was seized of a civil appeal by the debtor against the decision of the Vaud Cantonal Court's Debt Collection and Bankruptcy Division, which had confirmed the rejection of the debtor's complaint against the notice from the Debt Collection Office that it would now collect the rents and leases of the property.
Considerations
The Federal Tribunal dismissed the debtor's appeal. It considered that, despite the mention in the foreclosure request that "legal management is not required", the pledgee is not in principle deprived of the right to file a request for the immobilization of rents and leases at a later stage of the foreclosure proceedings.
Indeed, the claim for the immobilization of rents and leases stems from substantive law (Art. 806 para. 1 CC) and cannot be defeated by the law of enforcement. Even an express waiver by the pledgee at the time of initiating the foreclosure proceedings does not have a "definitive and irrevocable"…