Provisions of the Supreme People's Court on the seizure, seizure and freezing of property in civil execution by the people's courts

Article 6 The people's court may seal up the houses necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts.

Article 7 After ensuring the minimum living standard of the person subjected to execution and his dependent family members, the people's court may, upon the application of the person subjected to execution, execute the houses and daily necessities that are beyond the necessities of life of the person subjected to execution and his dependent family members.

Will the only house with bad bank loans be seized? Of course, before you get the house book, you owe the bank enough money to seal up your house and put it back to the bank for auction or disposal, because your loan was mortgaged by the house certificate. If you don't pay back the money, use the house book as collateral. The house naturally belongs to the bank, understand?

Can the court seize my only house? Yes, it can be sealed up and may be enforced during the execution.

Provisions of the Supreme People's Court Municipality on Several Issues Concerning People's Courts Handling Cases of Objection to Execution and Reconsideration.

Article 20? In the execution of monetary creditor's rights, if one of the following circumstances is met, and the person subjected to execution raises an objection on the grounds that the object of execution is the residential house necessary for him and his dependent family members to maintain their lives, the people's court will not support it:

(1) The person subjected to execution who has the obligation to support has other residences necessary for maintaining his life;

(two) after the execution basis comes into effect, the person subjected to execution transfers other houses under his name in order to avoid debts;

(3) The application executor provides housing for the executor and his dependent family members according to the local low-rent housing security area standard, or agrees to deduct the rent for five to eight years from the variable housing price with reference to the average rent standard in the local housing rental market.

According to the execution basis, the house delivered by the person subjected to execution shall be given a grace period of three months from the date of delivery of the execution notice. If the person subjected to execution raises an objection on the grounds that the house is a necessity for himself and his dependents, the people's court will not support it.

After the husband dies, the money owed to the bank will be sealed up, and will the heir of the deceased bear the responsibility for repayment?

Whether it will be sealed up by the court depends on whether the debtor has paid his debts.

Excuse me, my family is rural, and the money owed to the bank is not as high as' I have a house', which is a small property right; Will the bank give you back my house, then the bank has the right to take it back, and they can enforce your property through legal procedures, including your small property right house in theory. However, in practice, small property houses are different from commercial houses, and there will be some problems in the operation process, such as valuation, transfer and transfer. If you are the only residence in this house, then the bank may be more inclined to own other properties that are easier to realize.

However, in any case, you must repay the bank loan. If the house is empty, I suggest you sell it and return the money.

Will the only house owed to the bank be confiscated? At that time, there was no mortgage, and the bank could not apply to the court for immediate execution (there are generally provisions in the mortgage procedure that if there is a breach of contract, the bank can apply to the court for immediate execution of the frozen property).

However, if the bank finds that your father has clues about assets, it can bring a lawsuit to the court. When the court decides that your father is responsible for repayment but cannot repay in cash, you can freeze assets after the auction to pay off debts. Assets include bank card funds and real estate.

Personal loans are generally unlimited liability, but will not affect you. However, although the house is transferred to your name, there will be disputes after the arrears. If there is someone you can trust, you can transfer it to a third party, which can prove that there is a debt relationship between you. The house is the consideration for paying off debts, so it may be safer.

As for imprisonment, you didn't specify the amount, so you can't judge the situation, but generally you won't. This is a civil issue, not a criminal case.

The only house is mortgaged to an individual, and his right certificate has been done, but the money has not been paid. Will the court seal it up? Hello, the right holder of the other party can apply to the court for enforcement to ensure that his normal rights and interests will not be harmed. On May 5th, 20 15, the Supreme People's Court issued the Provisions on Several Issues Concerning People's Courts Handling Cases of Reconsideration of Objection, which guaranteed the parties, interested parties and outsiders to exercise their objection rights and met the objective needs of people's courts in handling cases of reconsideration of objection. It stipulates that the only house under the name of the person subjected to execution can be executed. However, if the object of execution is the residential house necessary for the person subjected to execution and his dependents to maintain their livelihood, execution may be exempted. However, not all people who are executed will stop execution as long as they have only one house. If the only house in the name of the person subjected to execution is beyond the necessary scope of the life of the person subjected to execution and his dependents, the people's court may enforce it.

Although you haven't paid back the money, you can still negotiate with the creditors to solve the problem in a better way. After all, creditors don't expect to spend a long time through legal channels.

The only property will be auctioned, can the house still be kept? Nowadays, many people think: "If the debtor has only one property, which is necessary for his life, the court cannot auction it." However, for the only house of the executor, there have been many cases of "forced" auctions to repay the arrears recently. Judge Meng Kaifeng of Haidian Court said that according to China's laws and relevant judicial interpretations issued by the High Court in May this year, in fact, there has never been any law or regulation in China that stipulates that a suite cannot be implemented, otherwise there may be an unfair phenomenon of "living in a luxury house owing huge debts".

Source search network: network link

Story 1

Villa is not necessary for life and must be auctioned by the court.

Ms Zhou is a professor at a university in Beijing. She owns a commercial house in Zhongguancun and a two-story villa on the ground. She likes stock trading, so in more than two years, she borrowed * * *120,000 yuan from Wei, Hao, Guan and Qiu successively. Due to the stock market crash, investment failure and other reasons, Ms. Zhou basically lost all her loans and owed more than10 million yuan in debt. After that, she took the initiative to sell the house in Zhongguancun and paid more than 4 million yuan, but there were still nearly 7 million left. Wei and other four people applied to the court for enforcement.

During the execution, the court seized the villa under the name of Ms. Zhou. During the auction, her husband, Mr. Zheng, raised an execution objection, saying that the two parties had agreed to divorce in the Civil Affairs Bureau and the villa agreement was owned by him. He lives in a villa with his parents and children, and the court cannot auction it. After examination, the court held that, according to Article 58 of the General Principles of the Civil Law, a civil act of malicious collusion that harms the interests of the state, the collective or a third party is invalid. During the execution, Ms. Zhou and Mr. Zheng went to the Civil Affairs Bureau to handle the divorce procedures, and all the villa agreements were owned by Mr. Zheng, which infringed on the interests of the third party and was an act of evading execution. Therefore, the agreement is invalid and the court can still auction the villa. After evaluation and auction, the villa under Ms. Zhou's name sold nearly 10 million yuan. After presiding over the repayment of the loans of Wei and other four people, the court returned the remaining 1 10,000 yuan to Ms. Zhou for her family life.

Judge Meng Kaifeng of Haidian Court believes that the villa under Ms. Zhou's name is a very valuable property and a luxury. The court should take measures such as sealing up and auction to protect the rights of the obligee. It is precisely because of this consideration that although Ms. Zhou and Mr. Zheng set up various obstacles to the court's execution, the court still removed obstacles according to law, auctioned Ms. Zhou's property, repaid debts, protected the rights of Wei and others, and avoided the unfair phenomenon of "living in a luxury house owes a lot of money".

Story 2

Small houses can also be repaid by auction, leaving 6.5438+0.8 million yuan for rent for 5 years.

Other houses are small in size and low in value. If the debt is paid off by auction, there may be little left after that. Can the court auction this kind of house in execution? Recently, Haidian Court executed such a case.

Mr. Zhao owes Mr. Li 3 million yuan, which has not been paid back for three years. After the case entered the execution stage, after investigation by the court, Mr. Zhao had a 45-square-meter house in Baishiqiao, Beijing, but the judge found no other property available for execution. Mr. Li believes that Mr. Zhao is not without money, but has transferred all his money, leaving only a house to resist court enforcement.

According to the law, the court included Mr. Zhao in the enforced person who lost his trust and detained him for 15 days, but Mr. Zhao still did not return a penny. The applicant strongly demanded the auction of Mr. Zhao's house. After careful consideration, the court decided to evaluate and auction Mr. Zhao's house. Mr. Zhao objected to this. He thinks that his house is very small, not a mansion, but a family of three, and the court cannot auction it.

After examination, the court held that although Mr. Zhao's house is small, it has a good location and can repay most of the money after sale; And Mr. Li agreed to leave Mr. Zhao a five-year lease fee of 3,000 yuan per month, which is enough to protect Mr. Zhao's right to live. Therefore, the court rejected Mr. Zhao's objection, returned the auction money of 6.5438+0.75 million yuan to Mr. Li, and left 6.5438+0.8 million yuan for Mr. Zhao to rent a house.

The Higher People's Court stipulates that the people's court may seal up the residential houses necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts. Many people think: "As long as it is a house, it can't be auctioned and it can't be repaid."

Judge Meng Kaifeng said that this is a misunderstanding of "housing necessary for life". Judging from the legislative intent, this provision is to protect the right of residence of the person subjected to execution. With the development of society and the change of ideas, it is not only the ownership of houses that gives people the right to live, but also renting houses can solve the housing problem.

Story 3

After the value of the house is high, the balance can be rented and then bought.

Not long ago, Mr. Wang owed Mr. Zhang 6.5438+0.5 million yuan in business. After being judged by the court to repay the arrears and interest, it has not been repaid. During the execution, the court found that Mr. Wang had no other property available for execution except a 75-square-meter house near the North Third Ring Road in Beijing. Therefore, the court sealed up the house according to law.

However, when evaluating the auction, Mr. Wang raised an objection: "This is my only house, and the court cannot auction it. Once auctioned, it will make me homeless. " After evaluation, Mr. Wang's house is worth 3 million yuan. The court held that after the house was sold to pay off the debt, there was still nearly 6.5438+0 million yuan, and Mr. Wang could use this money to buy a house or rent a house in other places without affecting his right to live.

Later, the court rejected Mr. Wang's objection application, auctioned the house and repaid Mr. Zhang's money.

Judge Meng Kaifeng believes that the basic meaning of "housing necessary for life" is necessary to maintain the basic life of the family of the executed person. The specific living area can refer to the local per capita affordable housing area, beyond which it can be considered as non-essential for life. "From the reality, some people have real estate or large houses in busy areas, and they can change multiple sets in other places. This can't be considered as a house necessary for life, so they can adopt various methods to solve the housing problem, such as changing the big for the small and changing the near for the far. Like this case, Mr. Wang's house is located in Beijing's North Third Ring Road, which belongs to a prosperous area. Besides paying off debts, the house is worth 1 million yuan. Mr. Wang Can bought a house in a far place to satisfy his right to live. "

Legal analysis

With regard to the "housing necessary for life", the Provisions of the Higher People's Court on Several Issues Concerning People's Courts Handling Cases of Reconsideration of Objection to Execution, which was promulgated and implemented on May 5 this year, stipulates that in the execution of monetary creditor's rights, if the applicant for execution provides housing for the executed person and his dependents according to the local low-rent housing security area standard, or agrees to deduct the rent for five to eight years from the changed housing price with reference to the average rent standard of the local housing rental market, the executed person will regard the subject matter as necessary for himself and the executed person to maintain his life.

Judge Meng Kaifeng believes that the law has made a balanced choice between protecting the rights and interests of the applicant and moderately protecting the rights and interests of the person being executed when it encounters the implementation problem of "one suite". On the one hand, auctioning houses can protect the rights and interests of creditors and avoid the unfair situation of owing money for living in luxury houses; On the other hand, the person to be executed is given a certain period of rent, so that the life of the person to be executed can be guaranteed, and the person to be executed can find a job and make proper arrangements himself.

What happens when the only house is mortgaged to a bank loan? 1. If the repayment is not made at one time, the bank will notify you by phone or SMS to remind you to repay on time, and there will be penalty interest.

2. If the repayment is not made for three consecutive times, the bank account manager will collect it and the borrower will be penalized.

3. If the overdue repayment times reach 6 times or more, the bank will protect its rights and interests through legal means, and may freeze its property during this period.

If the bank and the borrower fail to negotiate, the bank will auction the mortgaged property through legal procedures.

Some banks won't lend you extra rooms at all. If the loan has been made, but it has not been paid back, then contact the bank. He will never auction your house for a few million dollars to make you homeless, and he will also consider the social impact. But if you don't repay the loan, this bad credit record will accompany you for 7 years, and it will be difficult to find a bank loan in the future.