Legal analysis

For the mortgaged house, although the purchase has not obtained full ownership, the house still belongs to citizens' property, so it can be enforced. However, if the enforcement causes damage to the rights and interests of the bank, the person subjected to execution needs to bear the compensation or compensation responsibility. When the people's court decides to freeze or transfer deposits, it shall make a ruling and issue a notice of assistance in execution, which must be handled by banks, credit cooperatives and other units with savings business. The people's court has the right to detain and withdraw the income from which the person subjected to execution should perform his obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business. The people's court has the power to seal up and detain property. If the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present. If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grassroots organization where his property is located shall send people to participate. The executor must make a list of the seized or detained property, which shall be signed or sealed by the people present and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give a copy to his adult family members. The person subjected to execution may designate the person subjected to execution to be responsible for keeping the seized property. The losses caused by the fault of the person subjected to execution shall be borne by the person subjected to execution. After the property is sealed up or detained, the executor shall order the person subjected to execution to perform the obligations specified in the legal documents within a specified time limit. 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. 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. Take the above measures, the dean will issue a search warrant.

legal ground

Article 242nd of the Civil Procedure Law of People's Republic of China (PRC) * * * If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.