Art. 2335 Superior mortgage or privilege

When a sheriff sells seized property to satisfy a debt, the buyer doesn't get the property free and clear. If someone else has a stronger legal claim on the property, like an earlier mortgage or lien, that claim stays attached to the property even after the sale.

Before the sale happens, the sheriff must tell everyone that the property is being sold "subject to" these stronger claims. This means the winning bidder pays cash for the property, but they're also taking on the responsibility of dealing with that earlier debt or claim. The sale doesn't wipe out other people's rights to the property just because it's being sold at auction.

This protects people who had a legal claim on the property before the current seizure happened. For example, if someone had a mortgage on a house before a different creditor seized it to collect a separate debt, that mortgage doesn't disappear. The buyer at the sheriff's sale needs to know this upfront, so they understand exactly what they're bidding on and what obligations come with it.