The court may seal up the mortgaged house, and shall inform the mortgagee when sealing up the mortgaged house. If the mortgaged house is to be auctioned, the mortgagee has the priority to be compensated.
Provisions of the Supreme People's Court on the Seal-up, Seizure and Freezing of Property in Civil Execution by People's Courts.
Article 27 If the people's court seals up or distrains the mortgaged property with the maximum mortgage set by the person subjected to execution, it shall notify the mortgagee. The amount of creditor's rights secured by the mortgagee shall not be increased after receiving the notice from the people's court.
Although the people's court has not notified the mortgagee, but there is evidence to prove that the mortgagee knows the facts of seizure and seizure, the amount of creditor's rights secured by mortgage will not increase since he knows the facts.
What if the house is sealed up after buying a house?
First of all, the housing sales contract established by both parties is valid.
According to the law of our country, if the house is sealed up or the house is sealed up by the court, the buyer and the seller still sign the house sale contract, and the contract is invalid; If both parties are sealed up by the court after buying and selling the house, the house sales contract is still valid. Therefore, as long as the house sales contract signed by both parties is the true intention of both parties and does not violate the mandatory provisions of the law, the contract is valid.
Secondly, after being sealed up, it is impossible to request to continue to handle the house transfer procedures.
If the house is sealed up according to law, the buyer can't ask the other party to continue the transfer formalities because the house is already in a state of non-performance.
Thirdly, if the house is sealed up after the purchase, it can be solved according to the following methods:
1. Objection to seizure execution.
(1) If the buyer has paid part or all of the price and actually occupies the property, but has not gone through the formalities of property right transfer registration, the people's court may seal it up, detain it or freeze it;
(2) The people's court shall not seal up, detain or freeze the buyer who has paid the full price and actually occupied it, but has not gone through the transfer registration formalities and the third party is not at fault.
2. Wait for the house to be unsealed.
As an executive measure, house seizure has a certain time limit, generally no more than two years. Even if the lease is renewed, the renewal period shall not exceed one year, and the buyer can wait until the house is unsealed before transferring ownership.
3. Providing secured property and lifting the seizure.
If the buyer wants to continue to perform the contract and obtain the ownership of the house, he can negotiate with the seizure court, and the seller or the buyer will provide other secured property to apply for lifting the seizure. After providing the secured property, the court cancels the seizure, and both parties can continue to perform the house sales contract, and the buyer can request to handle the house transfer procedures.
4. To terminate the sales contract and require the seller to bear the liability for breach of contract.
Both parties to the contract should perform their obligations as agreed, but now that the seller can't perform the contract, the buyer can terminate the contract and ask the other party to bear the liability for breach of contract.
The above knowledge is my answer to relevant legal questions. Mortgaged houses can be sealed up by the court. When the mortgaged house is sealed up, the mortgagee shall be notified. If the mortgaged house is to be auctioned, the mortgagee has the priority to be compensated.