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Can I apply for preservation of a mortgaged property?

Legal analysis: If a property that has been mortgaged with a bank meets the relevant provisions of the "Civil Procedure Law of the People's Republic of China" on property preservation, it can apply for court preservation.

1. The situation must be urgent, and failure to take property preservation measures will cause irreparable damage to the applicant’s legal property rights;

2. The interested party must file a lawsuit with the applicant at the location of the property. The people's court filed an application, but the court did not take the initiative to take property preservation measures in accordance with its authority;

3. The applicant must provide a guarantee, otherwise the court will reject the application.

4. The case must have payment content and be an action for payment;

5. The behavior of one of the parties must make it difficult to enforce the judgment;

6. The application must be made during the proceedings. When necessary, the court may also rule on the adoption of litigation property preservation measures ex officio;

7. The applicant provides a guarantee. This does not apply if the court has not ordered the provision of security.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 101 If an interested party fails to apply for preservation immediately due to urgent circumstances, his or her legitimate rights and interests will be irreparably damaged. Before filing a lawsuit or applying for arbitration, you may apply for preservation measures to the people's court where the property to be preserved is located, where the respondent is domiciled, or which has jurisdiction over the case. The applicant shall provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. After the People's Court accepts the application, it must make a ruling within 48 hours; if it decides to take preservation measures, its implementation shall begin immediately. If the applicant fails to file a lawsuit or apply for arbitration in accordance with the law within thirty days after the people's court takes preservation measures, the people's court shall terminate the preservation.