Facts
In the context of enforcement proceedings for the realization of a real estate pledge initiated against X. and Y., joint and several debtors, bank Z. requested the realization of the pledged object, a 6078 m2 plot on which a significant Mediterranean-style construction is under construction. The debt collection office conducted an assessment of the property, determining a value of CHF 2,200,000. The debtors contested this assessment and requested a new expert appraisal, entrusted to architect J., who estimated the total value of the land and existing buildings at CHF 6,880,000. The cantonal authority ultimately set the value of the property at CHF 4,500,000, a middle ground between the two assessments.Considerations
The Federal Tribunal partially upheld the debtors' appeal. It considered that the cantonal authority could not use the CHF 2,222,000 assessment as the basis for the average calculation, as it did not take into account the value of the existing buildings, contrary to legal requirements. The Tribunal therefore reformed the contested decision and set the value of the property at CHF 5,140,000, which is the average between the CHF 6,880,000 assessment and the CHF 3,400,000 assessment that took into account the value of the buildings.
The Tribunal also noted that the…