Will the house with loan be enforced?

The house with outstanding loan can be enforced, and the proceeds from auction will be used to repay the bank loan first. However, it depends on the specific circumstances. If it is the only house of the person being executed, it may not be executed. It is possible to enforce the house that has not been mortgaged by the person subjected to execution, but the bank has the priority to be compensated for the house auction.

Article 58 of the Interpretation of the Supreme People on the Application of the Civil Procedure Law of the People's Republic of China: If the person subjected to execution is a citizen or other organization, after the execution procedure begins, other creditors of the person subjected to execution who have obtained the basis for execution find that the property of the person subjected to execution cannot pay off all the creditor's rights, they may apply to the people to participate in the distribution. Creditors who have priority and security interests in the property sealed up, detained or frozen by the people may directly apply for participation in the distribution and claim the priority of compensation.

article 59: to apply for participation in distribution, the applicant shall submit an application. The application shall specify the facts and reasons for participating in the distribution and the inability of the person subjected to execution to pay off all the creditor's rights, and attach the basis for execution. The application for participation in distribution shall be made after the execution procedure begins and before the execution of the property of the person subjected to execution ends.

article 51 in participating in the distribution execution, after deducting the execution expenses from the execution price and paying off the creditor's rights that should be paid in priority, in principle, the ordinary creditor's rights shall be paid in proportion to the total amount of the creditor's rights applied for participating in the distribution. The debtor shall continue to pay off the remaining debts after repayment. If the creditor finds that the person subjected to execution has other property, he may request the people to execute it at any time.

enforcement is a compulsory act against the defendant according to the result of legal judgment. This is a special compulsory measure, in which the people's executors force the respondent to complete the specified behavior in accordance with the provisions of legal documents.

Inquiry refers to people's activities of investigating, inquiring, examining and questioning about the deposit of the applicant from banks, credit cooperatives and other units. Freezing refers to a compulsory measure taken by the people to prohibit the withdrawal or transfer of the deposits of the respondent in banks, credit cooperatives and other financial units during litigation preservation or enforcement. When the people take freezing measures, they shall not freeze the special funds designated by the state in the bank account of the person against whom the application is made. However, if the person against whom the application is made uses these names to conceal funds to avoid fulfilling obligations, the people may freeze them.

the longest time limit for freezing the deposits of the executed person is six months. If it is necessary to continue to freeze, the freezing procedures shall be handled at the bank, credit cooperative, etc. before the expiration of the freezing period. Otherwise, if it is not handled within the time limit, it will be deemed as automatic unfreezing. Transfer refers to the implementation measures that the people transfer the deposits of legal persons or other organizations as the executors of the application into the accounts of the executors of the application according to the amount stipulated in the notice of people's assistance in execution. The transfer of deposits can be carried out on the basis of freezing, or directly transferred without freezing.

Can a house bought with a loan be enforced?

Yes, it can be enforced. The house bought by the debtor with the loan is within the scope of execution, and the auction can be enforced. After the repayment, the bank will give the creditor the rest and the debtor the rest.

legal analysis

the house has a mortgage, which can be enforced. First, refusing to perform property involves legal responsibility. Detention, fine, refusal to commit a crime. Second, if the mortgaged property has not been handed over or renovated, it is likely to be sealed up and auctioned. However, it involves inseparable property such as real estate, and it does not involve the problem of exceeding the standard. After all, refusing to pay is the responsibility. Third, if you have already moved in, it involves only one house, even if it is not auctioned. Will also be seized. The law has never stipulated that the person subjected to execution can not be enforced when he has only one set of housing, but only stipulates that the people can seal up the housing necessary for the life of the person subjected to execution and his dependent family members, but they can not auction, sell off or pay debts. At the same time, it also stipulates that people can implement houses and daily necessities that are more than necessary for the life of the executed person and his dependent family members after ensuring the living houses and ordinary necessities necessary for the minimum living standard of the executed person and his dependent family members according to the application of the executor. To sum up, the house bought by the debtor with the loan is within the scope of execution, and the auction can be enforced.

Legal basis

Provisions of the Supreme People on People's Execution of Mortgaged Houses

Article 1 The people can seal up the houses that have been mortgaged according to law and can auction, sell off or pay off debts according to law upon the application of the mortgagee.

article 2 the people shall give the person subjected to execution a grace period of six months after ruling on auction, sale or debt repayment of the house where the person subjected to execution and his dependent family members have been mortgaged according to law. During this period, the person subjected to execution shall vacate the house voluntarily, and the people shall not force the person subjected to execution and his dependents to move out of the house.

article 3 if the person subjected to execution has not moved out after the expiration of the above grace period, the people may make a ruling of forced removal and implement it in accordance with the provisions of article 229 of the civil procedure law. When forced to move out, if the person subjected to execution cannot solve the housing problem by himself, the application executor may provide temporary housing for the person subjected to execution and his dependent family if it is verified by the people.

will the loan house be executed if it is taken by the bank?

no. If the other party files a lawsuit and decides to repay the arrears, and fails to perform within the specified performance period, the other party may apply for enforcement. However, because the house belongs to the mortgage house and the loan has not been repaid, the bank has the mortgage right to the house and can only seal it up. Only after the loan is repaid and the bank cancels the mortgage can it take enforcement measures such as auction.

1. What will happen if you owe a bank loan?

1. If you don't pay back a bank loan, it's a civil matter, and you won't be investigated for criminal responsibility and jailed.

2. after the creditor wins the lawsuit, if the debtor fails to perform the judgment within the performance period, the creditor may apply for enforcement.

3. When accepting enforcement, the debtor's property, vehicles, securities and deposits will be inquired according to law.

4. In addition, if the debtor has no executable property in his name and he refuses to perform the effective judgment, negative information such as overdue repayment will be recorded in his personal credit report, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody.

5. If you have the ability to refuse to execute, you are suspected of refusing to execute the judgment or ruling.

6. Article 313 of the Criminal Law: Refusing to execute a judgment or written order is a crime. Those who refuse to execute a judgment or written order against the people, if the circumstances are serious, shall be sentenced to not more than three years, criminal detention or a fine.

II. What to do after the loan owed to the bank is subpoenaed

After receiving the subpoena, the parties should actively prepare for responding to the lawsuit. According to Article 125 of the Civil Procedure Law, the people should send a copy of the lawsuit to the defendant within five days from the date of filing the case, and the defendant should submit a defense within fifteen days from the date of receiving it. The defense shall state the name, sex, age, nationality, occupation, work unit, residence and contact information of the defendant; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant does not submit a reply, it will not affect the people's trial. At the same time, similar to this kind of loan default, as a defendant, it is a prerequisite to repay the loan according to law or find a way to settle with the bank, otherwise it will face the risk of losing the case.

Will a house with a mortgage be enforced?

First, can a mortgaged house be enforced?

Mortgaged houses can be enforced for the following specific reasons:

Article 59 of the Interpretation of the Supreme People on the Application of the Civil Procedure Law of the People's Republic of China

The people can be sealed up, and they can directly apply to participate in the distribution of the houses that can be enforced by the executor, and after paying off the creditor's rights that should be paid in priority, the executor shall put forward it before the end of the execution of the property, and the executor shall continue to pay off. Banks have the priority to be compensated. If other creditors of the person subjected to execution find that the property of the person subjected to execution can't pay off all the creditor's rights with the execution basis attached, they can apply to the people to participate in the distribution and claim the priority to be compensated. However, for the house auction money, the applicant shall submit an application and guarantee the creditor's property right, and the execution fee shall be deducted from the execution price, and in principle, they shall be compensated in proportion to the total amount of the creditor's rights applied to participate in the distribution.

2. What enforcement measures can be taken

1. People can inquire about the deposit of the person subjected to execution from banks, credit cooperatives and other units with savings business

They have the right to freeze and transfer the deposit of the person subjected to execution, but the inquiry, freezing and transfer of the deposit shall not exceed the scope of the obligation of the person subjected to execution. When the people decide to freeze or transfer deposits, they 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.

2. The people have the right to detain and withdraw the part of the income that the person subjected to execution should perform his obligations

However, the necessary living expenses of the person subjected to execution and his dependents should be retained. When the people detain or withdraw income, they shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit where the person subjected to execution works, banks, credit cooperatives and other units with savings business.

3. People have the right to seal up and detain property

If the person subjected to execution is a citizen, he shall notify the person subjected to execution or his adult family members 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 at the scene 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. For the property that has been sealed up or detained, the executor must make a list, 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 pay a copy to his adult family. The executor may designate the person subjected to execution to be responsible for the custody of 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 period. If the person subjected to execution fails to perform within the time limit, the people may, in accordance with the provisions, hand it over to the relevant units for auction or sell the sealed-up or distrained property. 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 have the right to issue a search warrant to search the person subjected to execution and his residence or property in a hidden place. Take the above measures, and the dean will issue a search warrant.

both property and behavior can be the subject of enforcement, but for the mortgaged house, although the purchase has not obtained all the ownership, the house still belongs to the 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 responsibility of compensation or compensation.

How to implement a house with a loan

A house with a mortgage can be enforced. In the case of money debts, if there is only one house in the name of the debtor, the house can be executed after deducting the rent for 5 to 8 years to protect the interests of creditors.

Article 2 of the Supreme People's Provisions on Several Issues Concerning People's Handling Cases of Objection to Execution and Reconsideration

In the case of monetary debt claims, if there is only one house in the name of the debtor, the property can be executed after deducting the rent for five to eight years to protect the interests of creditors.

Can the house with outstanding loan be executed?

Legal analysis: The house with outstanding loan can be executed, and the proceeds from auction will be used to repay the bank loan first. However, it depends on the specific circumstances. If it is the only house of the person being executed, it may not be executed. First, the people can seal up or detain the property of the person subjected to execution who has other people's security interests, or they can take measures such as auction or sale. Second, the proceeds from auction and sale must first pay off the creditor's rights of the security owner. Therefore, it is possible to apply for compulsory execution of the property during the mortgage period, but the bank, as the mortgagee, has priority over ordinary creditors.

legal basis: article 249 of the civil procedure law of the people's Republic of China, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people have 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 have 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 by the people shall not exceed the scope of the obligations that the person subjected to execution shall perform.

when the people decide to seize, freeze, transfer or change the price of property, they shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.