Mortgage houses that are sued for debt arrears will generally not be auctioned. The specific reasons are as follows:

1. Since the house is a mortgage house and the loan has not been repaid, the bank has mortgage rights over the house. The court can only seize the house, and only after the loan is repaid and the bank releases the mortgage can the court take enforcement measures such as auctioning the house;

2. The debtor fails to pay due debts or the mortgage is realized as agreed by the parties. In the case of a right, the mortgagee may agree with the mortgagor to receive priority repayment by discounting the mortgaged property or using the proceeds from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the People's Court to revoke the agreement.

If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the People's Court to auction or sell the mortgaged property. If the mortgaged property is discounted or sold, the market price shall be referred to.

How long does it take to sue for overdue payment

You can sue the other party within three years of overdue payment. The process of private loan prosecution:

1. When a party files a lawsuit, it should first submit an indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the lawsuit, and the tail must be signed or stamped with the official seal;

2. According to the principle of "whoever claims the evidence must provide evidence", the plaintiff should submit the following materials to the court:

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(1) Materials concerning the plaintiff’s subject qualifications. Such as originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; as a plaintiff, an enterprise unit should submit copies of business licenses, business registration certificates and other materials;

< p>(2) Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When the parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list, one copy will be handed over to the parties, and the other will be filed;

4. The filing court shall perform necessary procedures and submit all relevant evidence to the parties. After submitting the materials, within seven days, those who meet the conditions for filing the case will go through the formalities for filing the case; for those who do not meet the conditions for filing the case, it will be ruled not to be accepted in accordance with the law;

5. The parties concerned shall start from the date of receipt of the notification of acceptance. Prepay the case acceptance fee and other litigation fees within seven days. If you really have difficulty, you can submit a written application to this court for a reduction, postponement, or exemption of payment within the prepayment period. If you fail to pay within the time limit, or your written application for postponement, reduction, or exemption is not approved, If the case is approved but still not submitted in advance, this court will rule as automatically withdrawing the case;

6. After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the court’s various work arrangements and close the case. Later, go to the finance office to settle the litigation expenses, and any excess will be refunded or less will be reimbursed.

How to deal with a debtor who refuses to repay his debt

1. Negotiate a solution. Some debtors are not unwilling to repay the money. If this is the case, you can negotiate a solution and write a supplementary IOU in time to urge him to repay as soon as possible. If you can resolve the matter through negotiation, try to resolve it through negotiation. After all, peace is the most important thing;

2. File a lawsuit in court. Collect evidence, WeChat transfer records, chat records, or hold valid loan vouchers, etc., and file a lawsuit with the debtor or the court in the place where the loan was borrowed;

3. Apply for a payment order. If the borrower has issued an IOU, and the other party repeatedly denies it and refuses to pay back the money after the agreed period expires, you can directly apply for a payment order with the IOU;

4. Apply for compulsory execution. After the legal document takes effect, apply to the court for compulsory execution. When accepting the compulsory execution, the court will inquire about the properties, vehicles, securities and deposits in the name of the debtor in accordance with the law. If there is property available for execution in the name of the person subject to execution, the court will seize it and seize it. If the debtor has no enforceable property in his name and refuses to fulfill the effective court judgment, his personal credit report will have negative information such as overdue repayment added to the list of dishonest persons, and he will be restricted from high consumption and entry and exit, and may even be detained by law. .

Legal basis: Article 221 of the Civil Procedure Law of the People's Republic of China

The creditor requests the debtor to pay money or securities and meets the following conditions , you can apply for a payment order to the grassroots people's court with jurisdiction:

(1) The creditor and the debtor have no other debt disputes;

(2) The payment order can be served to the debtor .

The application shall state the amount of money or securities requested and the facts and evidence on which it is based.