Legal basis: Civil Code of People's Republic of China (PRC).
Article 410 Where the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or give priority to compensation with the price of auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, other creditors may request the people's court to cancel the agreement.
If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property. Where the mortgaged property is discounted or sold, it shall refer to the market price.
Article 413 After the mortgaged property is discounted, auctioned or sold, the part of the price exceeding the amount of creditor's rights shall be owned by the mortgagor, and the insufficient part shall be paid off by the debtor.