Saisie is the customary procedure in Guernsey whereby a creditor can enforce against the real property of their debtor and ultimately have the realty vested in them in order to satisfy the debt. This enforcement process relates to all of the debtor's realty in Guernsey.
Saisie had come under some criticism from the Guernsey Royal Court because the creditor could have received a windfall should they sell the property for more than the debt is worth. Now, regulated lenders must repay any surplus to the debtor pursuant to part 7.10 of the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022.
Below is a creditor's guide to the saisie process in Guernsey.
Stage 1: Judgment and preliminary vesting order