After the first judicial auction is suspended, a second auction shall be organized within 60 days, and the auction may be conducted for 3 times. If these three judicial auctions fail, the lot should be sold. After the failure of the first judicial auction, if the applicant and the person subjected to execution reach an agreement to sell the property to pay off the debts without harming the rights and interests of others, the court will allow it.

What is the procedure for the court to auction the property?

1. The first is delegation. Court real estate auction is not a direct property transaction by the property owner, but an auction commissioned by the auction house. Auction must also sign an auction contract, and real estate transactions can only be carried out by power of attorney. This is a written document that must be provided for the entrusted transaction.

2. Secondly, the auction house should do a good job in preparing for the real estate transaction, and do not evaluate the value of the auctioned real estate, so as to set the reserve price of the auction. The reserve price of auction should not be too high or too low, which should ensure the interests of both the property owner and the buyer. The second step is to determine the date and announcement of the auction.

3, and then there is the buyer's purchase qualification and purchase conditions. The buyer shall submit relevant certificates and bid bond. The bid bond is the same as the deposit paid by commercial housing subscription book. If the transaction is successful, it will be included in the house payment, and if the transaction fails, it will be returned to the buyer.

4. After that, the auction bidding procedure of real estate will be carried out. Once the house is successfully auctioned, the house price will be paid immediately, and then the auction house will give the auction house a certificate of ownership transfer.

What about the transfer of mortgaged property?

Method 1: The seller can go through the formalities of property right transfer after paying off the bank loan and canceling the mortgage. The two sides first reached an agreement on the change of property rights, and then notarized it at the notary office. After the seller pays off the bank loan, the buyer can take out the real estate license from the bank and cancel the mortgage registration procedures. The buyer and the seller are handling the registration of property right change and completing the transfer according to the notarization agreement.

Method 2: The Buyer and the Seller negotiate and issue a written agreement on the change of house property rights to the bank. This method requires the consent of the bank.

1. If the bank can agree to the change of property rights and the borrower is changed from the seller to the buyer, the bank will issue a certificate and handle the change registration under the condition that the house has been mortgaged. At this time, the buyer and the seller can borrow the real estate license from the bank, and then bring the certificate issued by the bank, the real estate license, the ownership change agreement, the household registration book and the ID card and other materials related to the real estate transaction to the real estate management department where the house is located to register the property right change and successfully complete the property transfer.

2. If the bank does not agree to the change, the buyer and the seller need to transfer the ownership according to method 1. Redeem the building from the bank first, that is, pay off the money owed to the bank first If the owner is short of funds, you can ask the guarantee company to redeem the building for you and then transfer the ownership.

Method 3: Redeem the building. The seller looks for a guarantee company to guarantee, then pays off the balance, takes out the real estate license, then goes through the transfer registration, and then the seller repays the guarantee company.

Method 4: Chinese laws do not support signing agreements to transfer ownership. If buyers and sellers think this way is not good, they can find a reliable intermediary company to deal with it. Buyers and sellers need to pay a certain fee to let the intermediary advance the loan. The seller gets the real estate license, transfers the property to the other party's name, and the buyer mortgages the funds of the intermediary company.

Legal basis:

Article 19 of the Provisions of the People's Court on Auction and Sale of Property in Civil Execution, if there is no bidder in the auction or the highest bid of the bidder is lower than the reserve price, if the application executor or other enforcement creditors present apply for or agree to accept the auction property at the reserve price set in the auction, they shall pay off their debts.