The house purchased by the debtor with the loan is within the scope of execution, and the court may force the auction. After repayment, the bank will give the rest to the creditor and the rest to the debtor.
Loan means that banks, credit cooperatives and other institutions lend funds to units or individuals who use money, and generally agree on interest and repayment date.
The reasons why the house that is repaying the loan will not be implemented are as follows:
1. The house purchased by the debtor with the loan is within the execution scope, and the court may force the auction. After the bank gives priority to repayment, the rest will be given to the creditor first and then to the debtor.
2. The law never stipulates that the house of the person subjected to execution cannot be enforced, but only stipulates that the people's court can seal up the residential house necessary for the life of the person subjected to execution and his dependent family members, but it is not allowed to auction, sell off or pay off debts. At the same time, it is also stipulated that the people's court may, according to the application of the person subjected to execution, execute the houses and daily necessities that are more than necessary for the life of the person subjected to execution and his dependent family members after ensuring the houses and ordinary daily necessities necessary for the minimum living guarantee of the person subjected to execution and his dependent family members.
legal ground
Article 508 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).
In the process of participating in the distribution and execution, after deducting the execution cost from the execution price and giving priority to paying off the creditor's rights that should be repaid, the ordinary creditor's rights shall be repaid in principle according to the proportion of the total amount of creditor's rights applied for participation 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's court for execution at any time.
Article 509
If multiple creditors apply to participate in the distribution of the executed property, the enforcement court shall make a property distribution plan and serve it on all creditors and the executed person. If the creditor or the person subjected to execution has any objection to the distribution plan, it shall file a written objection to the enforcement court within 15 days from the date of receiving the distribution plan.
Article 5 10
If the creditor or the person subjected to execution raises a written objection to the distribution plan, the enforcement court shall notify the creditor or the person subjected to execution who has not raised an objection.
If the creditor or the person subjected to execution who has not raised an objection does not raise an objection within fifteen days from the date of receiving the notice, the enforcement court shall review and modify the distribution plan according to the opinions of the objector and distribute it; If an objection is raised, the objector shall be informed. The objector may, within fifteen days from the date of receiving the notice, take the creditor or the person subjected to execution who raised the objection as the defendant and bring a lawsuit to the enforcement court; If the dissenter fails to file a lawsuit within the time limit, the execution court shall distribute it according to the original distribution plan.
If distribution is made during the litigation, the enforcement court shall deposit the amount corresponding to the disputed creditor's rights.