generally speaking, the mortgaged house can be auctioned by other debtors, and the house under mortgage can be auctioned. However, if the house is the only house of the executed person, it can only be sealed up and cannot be auctioned. After the property is sealed up and detained, the executor shall order the executed person to perform the obligations specified in the legal documents within a specified period.
Mortgaged house refers to the commercial house purchased by the last family through mortgage, and the loan has not been paid off. The main feature of the mortgaged house is that the property right of the house is mortgaged to the bank, and the property owner may not sell the house without authorization.
mortgage: it can be divided into two forms: legal mortgage and just mortgage. Legal mortgage: refers to the transfer of existing real estate to the mortgagee as repayment guarantee; Righteous mortgage is to transfer the future real estate to the mortgagee as repayment guarantee.
Legal basis:
Provisions of the Supreme People's Court on Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts
Article 6
The people's court may attach the residential houses necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts.
Article 7
The people's court may, upon the application of the executor, execute the houses and daily necessities that are more than necessary for the life of the executed person and his dependents, after ensuring the living houses and ordinary necessities necessary for the minimum living standard of the executed person and his dependents.
Article 249 of the Civil Procedure Law
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 deposit, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people's court has the right to seize, freeze, transfer or change the price of the property of the person subjected to execution according to different circumstances. The property inquired, seized, frozen, transferred or changed in price by the people's court shall not exceed the scope of the obligations that the person subjected to execution shall perform.
when the people's court decides to seize, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.