Under normal circumstances, your efforts are in vain, because the bank can sue you and apply for enforcement with legal support. At that time, only under extremely special circumstances can you keep your unique housing. First, let’s look at what the law says.

Articles 6 and 7 of the "Regulations of the Supreme People's Court on Seizing, Detaining, and Freezing Property in the Civil Execution of People's Courts" (2004) regarding real estate provide as follows:

The explanation of "necessary housing" here is not very clear, so in the early years, some old people deliberately refused to pay back the money, but they lived in good houses and had no worries about food and clothing. However, the creditors were made to live in poverty, but because He only has one house, which makes the court's hands tied when it comes to execution. It can be said that everyone has a lot of opinions on this rule, so in 2015, the "Supreme People's Court on Several Issues in the People's Court Handling Enforcement Objections and Reconsideration Cases" "Regulations", which contains the following regulations on real estate enforcement:

For (1), although you have a house in your name, your children's house is enough to protect your survival, so take it!

For (2), I originally had a house, but after the execution came into effect, in order to evade debts, I transferred or transferred the property in my name, resulting in only one property. Charge!

Yes (3), we will provide you with low-rent housing or 5-8 years of rent, and the house will be charged!

In addition, the law considers that you need to rent another house, so it gives a grace period of 3 months. Secondly, under what circumstances can the house be saved?

In fact, there is still a certain degree of flexibility in the implementation of this system. For example, some places regard 80 square meters or 60 square meters as a key point. That is to say, if the area of ??your house exceeds a certain indicator, then It will definitely be enforced, and a low-rent house will be returned to you or you will be left with 5-8 years of rent. The rest will be taken away, because the bank has no right to take away your house. They also enforce it through the court. Auction your house, take away their equity, and leave the rest to you if there is any extra money. Therefore, unless the house you live in is extremely small and poor, you may be able to get it reserved. In other cases, you have no chance.

As for those who want to act arrogantly and deliberately refuse to act, that is definitely not possible. Nowadays, we are very strict about cracking down on old scoundrels. After all, doing so is a good thing for most people.

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1. It is not the bank that takes possession of your house, but the enforcement bureau of the court. If the loan owed to the bank cannot be repaid, and there is a limit on the number of overdue loans, the bank will generally not go to court to sue if it is only one month overdue. Usually if it is overdue for more than 6 months, the bank will have overdue collection procedures, and these must be required. This kind of case is particularly easy to adjudicate, and it can definitely be adjudicated even if you are absent. According to the process, after the court ruling

, the Enforcement Bureau will come to seize your house. In the selective auction, the auction funds enter the bank account and are used to repay the bank loan.

2. The lawsuit you are involved in will appear on your personal credit report. The period may not be five years, but this lifetime. It is estimated that no bank will grant you credit again;

< p> 3. When accepting the loan, the bank will make an agreement with you. If the loan is overdue (that is, you cannot repay the loan) within a certain period of time, you have to solve the accommodation problem by yourself. Do not stay in the house without leaving. ; Some people will have many ways. I left my paralyzed mother in the house and I told them not to take it away - it’s useless, just laugh;

4. Some people will think that the bank No loss, even if it is overdue and the house is auctioned, the loan will still be paid off in full. At least on paper. The one who loses is the loan officer, the loan officer who worked so hard to give you a loan and help you buy a house. If there are three or five like you in a year, don't take his bonus for this year.

What should I do if the bank wants to take away the mortgaged house? You need to understand one issue first. When the loan is overdue, the bank cannot directly take away your house, but must go through relevant legal procedures.

According to the law, "The people's court may seal up the residential buildings necessary for the life of the person subject to execution and his dependent family members, but they may not auction, sell off or pay off debts." Some people subject to execution regard this provision as Treat it as your own "talisman". Anyway, you only have one house in your name, and the court cannot auction, sell or pay off the debt no matter what. This idea is wrong, because the law must not only balance the interests of the execution applicant and the person subject to execution, but also consider how to maximize the protection of the interests of the execution applicant. After all, the law is more inclined to protect the creditors' rights.

The only house under my name was used for a mortgage loan. After the loan was overdue, I was sued by the bank. Is it really impossible for the court to enforce it? Not so! According to the law, if the court auctions the house of the person subject to execution in order to realize the mortgage rights, it can apply for enforcement, but the debtor must be given a six-month grace period. Within this period, the person subject to execution shall take the initiative to vacate the house, and the people's court shall not force the person subject to execution and his dependent family members to move out of the house. The answer is very clear. The only legal requirement that a house used as a mortgage loan cannot be auctioned, sold or paid off is not a "sword of justice" for the person subject to execution. Should the house be vacated? It must be vacated. Once the six-month grace period has elapsed and the house still refuses to be vacated, the court can enforce it.

At present, you'd better ensure that the problem is solved before the bank files a lawsuit in court, because once you go through legal procedures, you will incur certain litigation costs, which will undoubtedly make things worse for you. . The core of solving the problem lies in whether all the bank loans can be paid off. This is not difficult to say but somewhat difficult to do. Can you seek help from relatives and friends to collect enough funds to pay off all bank loans? If this road is blocked, you must consider the last option - transferring the property. Whether you list the property with a real estate agency or rely on your own circle of friends to forward it, try to transfer the property as quickly as possible, because the longer it takes, the more banks will lose their patience, and at the same time, you will have to bear more overdue loans. Penalty interest.

Some people have overdue loans from banks. After the bank failed to collect the loan, they informed the lender that they would file a lawsuit against them in court. The lender still asserted in a domineering manner that they can do whatever they want! This behavior is very irrational. If you transfer the property as soon as possible to repay the loan, you may be able to keep some funds for yourself. If you become a defendant, you will first have to bear legal fees, secondly, you will have to bear more penalties and interest, and thirdly, when the mortgage rights are realized after the property is auctioned, you will be left with nothing.

In short, you must have a proactive attitude to solve problems, otherwise you will be the one who suffers in the end.

It is a very common problem for a bank to seize or forcibly auction a personal property. If the property owner only has one house, and the bank also wants to sue for the auction, is there any way to ensure that it will not be taken away by the bank? ? Why does the bank take away your house?

Under normal circumstances, the bank takes away your house because after the bank loaned you a loan, you failed to repay the bank's loan on time and in full, and the bank suffered different consequences. Therefore, in order to reduce losses, the bank will apply to the court to force the auction of your property to repay the bank's loan.

There is another situation. If you give a guarantee to others and they are unable to repay the bank's loan, the bank will also sue you and force the auction of your property to repay the bank's loan.

No matter what the situation is, the money the bank lends to you should be repaid on time and in full, otherwise the bank will apply to the court to auction your property to repay the loan. Is there any way to save the property?

As analyzed above, because you fail to repay the bank loan on time and in full, the bank will apply to the court to force the auction of your property to repay the loan.

If you want to keep your house from being auctioned by the court, you have to pay off the loan you owe the bank, so that the bank can apply to the court to withdraw the lawsuit against you, and your house will not continue to be auctioned.

If you want to keep the house without repaying the loan, it is impossible and the bank will not accept it.

After the bank takes away your only home, it will give you a certain amount of rent to transition to solve your housing problem. What are the consequences after being repossessed by the bank?

There are two impacts after the house is repossessed by the bank.

①. Economic losses.

In order to recover the loan as quickly as possible, the bank will auction your house very cheaply. The court will entrust an appraisal company to evaluate the suite, and then set a reasonable price for sale.

When the appraisal company evaluates the property, the appraisal company generally evaluates the price at 20% off the market price, and then sells it to the public at an additional 20% off on the basis of this 20% discount.

For example, if the market price of this house is 2 million, the assessed price may be 1.6 million, and the auction reference price set may be 1.3 million.

You want to see, your down payment for buying this house is 600,000, plus several years of monthly payments, how much did you pay for this house?

Once the house is auctioned, you will have no money left. Your down payment and several years of monthly payments will be in vain. In the end, you will have nothing, and you will suffer a huge loss.

②. Enter the credit blacklist. Once the auction is successful, your personal credit report, including your spouse's credit report, will be rejected by any bank for a loan.

From the above analysis,

If you want to keep your house from being taken away by the bank, you can only repay the money you owe the bank and the bank will withdraw the lawsuit against you. Return it to you.

If you don’t have money to repay the bank, you can ask for a loan from relatives or friends, or find a third-party company to advance funds. After saving the house, you can sell the house at a cheaper price. In this way, the loss will be much less, at least how much will you lose? The annual down payment and monthly payment can be maintained.

Of course, this is also my personal opinion and is for reference only. You are welcome to leave a message below on this issue, express your views and opinions, and communicate and learn from each other.

Your situation may be this: you failed to repay the mortgage loan in time, or you used your house as collateral for other people's loans. If the other people failed to repay the loan, you need to bear the responsibility.

The bank has no power to repossess the house. The bank goes to court to realize the mortgage rights. If you lose the lawsuit, the court will seize your house and conduct an auction.

Generally, foreclosure houses will be lower than the market price. You can ask relatives to participate in the auction and buy your house at a low price. Only in this way can you save your house.

Of course, you can also file an objection to the execution to the court, saying that there is another owner of the house, and requesting a suspension of the execution. However, this can only delay and cannot fundamentally solve the problem. It can still buy you some time. of.

In fact, there is no need to worry about this. The overdue money owed to the bank is too much for your situation. According to surveys, the current debt ratio of Chinese residents has reached more than 70%, and the entire population is in debt. In the era of , it abounds in society.

Besides, the current national laws protect citizens. If you are the only home for your family, I don’t have to worry at all. Banks are not robbers. After all, court documents are required to seize the property. If this is your family's only residence, where will your family live after the seizure? After all, the bank does not want to force you to become homeless and your family is ruined. All the bank wants is to recover its own funds.

If this happens to you, you should take the initiative to negotiate with the bank, express your intention to repay, make reasonable installments or postpone the repayment, or suspend the interest rate and hang up the debt, and then work hard to make money and pay off the debt.

If you are really unsure, you can write a long-term lease agreement on the house and rent it to your relatives or friends for 30 years. After all, the lease contract takes precedence over the sale and purchase agreement. As long as he does not move out, who will You can't move in, which means you'll be occupying it for a long time, and most people won't buy this kind of house.

First of all, we need to understand that the bank has no right to take away your house. Only the enforcement department of the court can enforce your property to repay your debt. The reason for "taking away" your house is that You did not fulfill the court's effective judgment on time, so the bank applied for enforcement and your enforceable property was only a house. At this time, we want to keep the house or reach an enforcement settlement with the person applying for enforcement or fulfill the court's effective judgment (directly Pay back the money).

Although our country's laws stipulate that the people's court can seal up the residential houses that are necessary for the life of the person subject to execution and his dependent family members, but they are not allowed to auction, sell off or pay off debts.

However, many people subject to execution have a misunderstanding of "the residential housing necessary for the life of the person subject to execution and his dependent family members" and believe that there is only one suite and the only house = "the residential house necessary for the life of the person subject to execution and his dependent family members". , in fact, there is an essential difference between the two. Therefore, on the premise of ensuring the necessary residential housing for the person subject to execution, only one house and the only house that meets the following three conditions can be executed, auctioned, sold off or paid off:

(1) The person who has the obligation to support the person subject to execution has other residential houses necessary to maintain life in the name of the person subject to execution;

(2) After the execution basis becomes effective, the person subject to execution transfers his name in order to avoid debts.

(3) The applicant for execution shall provide residential housing for the person subject to execution and his dependent family members in accordance with the local low-rent housing guarantee area standard, or agree to refer to the average rent standard of the local housing rental market, from The rent for five to eight years is deducted from the revaluation of the house.

Pay back the money. Nothing else can be done.

Just pay off the debt.

There is no need to insure it. The house will be worthless soon. Give him the higher price. Rent and live!