1. Your friend used the mortgaged house to mortgage your loan: If both of you have registered the mortgage with the Housing Authority, and the mortgage is valid, and he doesn't pay back the money when it expires, you can directly ask for the mortgage property auction to pay off the debt.
If the mortgage is not registered, the loan contract between you is valid, but the mortgage is invalid. If he has other property, you have no right to directly ask him to auction the house for repayment.
2. His house is a mortgage house, so there should be a loan, so the real estate license is generally still in the bank, so you probably didn't apply for mortgage registration.
3. Not registered with mortgage: You can't use the house to ask for repayment directly, let alone use the house to ask for repayment. All you can ask is for him to pay it back. If he has no other property except a house, you can ask him to sell the house to repay it, but this house is a mortgage house. Even if the debt is paid by auction, the bank loan must be paid off first, and the bank surplus must be paid off before the debt can be paid off, because the bank mortgage is registered.
4. In the case that you have already gone through the mortgage formalities: if he doesn't pay back the money when it is due, even if he has other property, you have the right to directly ask him to use the house to pay back the money. But if the house is not mortgaged, it should be repaid in the order of mortgage. Generally, the mortgaged house is mortgaged by the bank first, and the money for auctioning the house must be returned to the bank first.
It should be noted that when the real estate mortgage loan cannot be repaid at maturity, the mortgage loan can not be directly requested by the house, but only by the auction of the house, and the remaining house payment will still be given to the original owner after the debt is repaid. Before liberation, people said that they would mortgage the borrower directly if they didn't repay the loan. However, after liberation, our country's laws do not support the full settlement of mortgage rights, and they are directly owned by creditors.
Attachment: Relevant legal basis
(1) Article 38 of the Guarantee Law of People's Republic of China (PRC), the mortgagor and the mortgagee shall conclude a mortgage contract in writing.
(2) Article 41 If a party mortgages the property specified in Article 42 of this Law, it shall register the mortgaged property, and the mortgage contract shall take effect from the date of registration.
(3) Article 42 The departments that handle mortgage registration are as follows:
(a) the land management department that issued the land use right certificate if there is no mortgage of the land use right fixed on the ground;
(two) departments designated by the local people's governments at or above the county level with urban real estate or buildings such as factory buildings of township (town) and village enterprises as collateral;
(3) Where forest trees are mortgaged, the competent forestry authorities at or above the county level;
(4) Where an aircraft, ship or vehicle is mortgaged, the means of transport registration department;
(5) Where the equipment and other movable property of the enterprise are mortgaged, the administrative department for industry and commerce where the property is located.
(4) Article 53 If the mortgagee has not been paid off at the expiration of the debt performance period, he may agree with the mortgagor to discount the mortgaged property or be compensated with the price of auction or sale of the mortgaged property; If the agreement fails, the mortgagee may bring a lawsuit to the people's court.
(5) Paragraph 1 of Article 57 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC): The parties agree in the mortgage contract that when the mortgagee is not paid off at the expiration of the debt performance period, the content of the ownership of the mortgaged property transferred to the creditor is invalid. The invalidity of this content does not affect the validity of other parts of the mortgage contract.