Mortgaged houses can be enforced by the court, and relevant laws clearly stipulate that such property can be enforced. If the court adopts the auction method, the proceeds from the auction will be given to the creditor first and then to the debtor after the bank gives priority to repayment. If the bank's rights and interests are damaged due to compulsory execution, the person subjected to execution shall bear the liability for compensation or compensation.

Legal analysis

The people's court can enforce the property and behavior, but for the mortgaged house, although it has not obtained full ownership at the time of purchase, the house still belongs to citizens' property, so it can be enforced. However, because the house belongs to the mortgaged house, the loan has not been repaid, and the bank has the mortgage right to the house, the court can only seal up the house. After the loan is paid off and the bank cancels the mortgage, the court can take enforcement measures such as auction. According to the relevant laws and regulations, if the person subjected to execution fails to perform within the time limit, the people's court may, in accordance with the provisions, hand over the seized or detained property to the relevant units for auction or sale. The proceeds from the auction of mortgage houses will be used to repay bank loans first, and the rest will be used to repay creditors' debts. Articles prohibited by the state from trading freely shall be handed over to the relevant units for purchase at the price stipulated by the state. If the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution, his residence or the concealed property.

legal ground

Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts

Article 1 In the execution procedure, after the property of the person subjected to execution is sealed up, detained or frozen, the people's court shall auction, sell off or take other execution measures in time.

Article 2 The people's court shall, in handling the sealed-up, distrained or frozen property, first adopt the auction method, unless it is otherwise stipulated by laws and judicial interpretations.

Article 3 The people's court shall entrust an auction institution with corresponding qualifications to auction the property of the person subjected to execution, and supervise the auction of the auction institution, except as otherwise provided by laws and judicial interpretations.