Facts
The debtor, who has not filed an objection to the enforcement or whose objection has been lifted, can no longer challenge the existence and amount of the claim, nor the real estate lien that secures it, by contesting the statement of charges during the realization. Indeed, as the forced payment has become final, it is no longer possible to challenge the claim and the lien in the context of the purge of charges procedure.
Considerations
The Federal Tribunal has approved the decision of the cantonal supervisory authority, which had rejected the debtor's challenge to the claim secured by a real estate lien and the costs of the enforcement. The debtor, having not filed an objection to the payment order, can no longer challenge the claim and the lien in the context of the purge of charges procedure. This prevents the debtor from being able to challenge the claim and the lien once the realization is underway, when they have not exercised their rights in the context of the enforcement.
The Federal Tribunal also considered that the debt collection office representative does not exceed his powers by…