Legal analysis: 1, combined with auction procedures, housing procedures, specific cases. If it is the buyer of the court auction, the court can use the auction proceeds to cancel the mortgage first, and then go through the transfer procedures. 2. If the property enforced by the court has been mortgaged to the bank, the court can still enforce it, but the creditor's rights of the bank should be paid off first at auction or liquidation, and the remaining money can be used to repay the creditor's rights of other creditors. After the transaction is completed, the court will issue a notice of assistance in execution to erase the mortgage.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Execution of Work by People's Courts (for Trial Implementation) Article 40 The people's court may take measures to seal up or detain the property owned by the person subjected to execution that others enjoy the mortgage, pledge or lien. The proceeds from the auction or sale of property shall be used to pay off the creditor's rights of the applicant executor after the mortgagee, pledgee or lien holder have priority in compensation.