Judicial auction of real estate, judicial auction process of real estate

After three failed auctions, according to Article 28 of the Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts (Fa Shi (2004) No. 16), the auction can no longer be held, but you can apply for repayment of debts at the reserve price.

Attachment: Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts (Fa Shi (2004) No. 16).

Article 19 : If there is no bidder at the auction or the bidder's highest bid is lower than the reserve price, and the person applying for enforcement or other enforcement creditors present at the auction applies for or agrees to accept the auctioned property at the reserve price set in the auction, the property shall be handed over to him to pay off his debts.

Article 28: The people's court may, in accordance with the provisions of Article 19 of these Provisions, hand over the immovable property or other property rights that are still unsold in the second auction to the person applying for enforcement or other enforcement creditors to pay off debts. If the applicant for enforcement or other enforcement creditors refuse to accept or fail to deliver their debts in accordance with law, the third auction shall be conducted within 60 days.

If the third auction fails and the applicant for enforcement or other enforcement creditor refuses to accept or cannot accept the immovable property or other property rights for repayment in accordance with law, the people's court shall issue a notice of sale within 7 days from the date of the conclusion of the third auction. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of the announcement, and the applicant for enforcement or other enforcement creditors still do not express their acceptance of the property for debt payment, the sealing or freezing shall be lifted and the property shall be returned to the person subject to enforcement, except where other enforcement measures may be taken against the property.

Hello, you can go to the case enforcement judge of the court for details and ask for the required materials.

Legal Analysis: 1. The bidder shall pay a deposit to the people's court. The amount of the margin is generally not less than 5% of the appraised price or market price

2. The bidder shall go through the bidding procedures at the auction and sail dust selling agency with the bank receipt and the financial receipt voucher of the people's court; If the number of people who pay the deposit is less than two, the auction shall not be held; After the auction is concluded, the deposit paid by the buyer shall be used to offset the price, and the deposit paid by the other bidders shall be refunded within three working days.

Legal basis: Auction Law of the People's Republic of China

Article 53 When the auctioneer conducts an auction, he shall make a record of the auction. The auction record shall be signed by the auctioneer and the recorder; If the auction is concluded, the buyer shall also sign it.

Article 54 The auctioneer shall properly keep the complete account books, auction records, and other relevant materials related to business activities. The period for keeping account books, auction records, and other relevant materials provided for in the preceding paragraph shall not be less than five years from the date on which the entrusted auction contract is terminated.

Article 55 Where it is necessary to go through the formalities for the change of license or transfer of property rights for the auction object in accordance with the law, the consignor or buyer shall go through the formalities with the relevant administrative authority with the transaction certificate and relevant materials issued by the auctioneer.

Legal analysis: the judicial auction of the house is legal, the property has been mortgaged to the bank, the court can carry out the execution, evaluate the value and then auction, the auction proceeds will be repaid to the bank first, if there is any surplus allocated by the court to repay the claims of other creditors. Judicial auction houses can be bought, but whether it is cost-effective and whether it can be purchased varies from person to person and from situation to situation.

It is recommended that ordinary buyers seriously consider and make a careful investigation of the situation of the house before making a decision to bid. Houses auctioned by the court are generally paid in full, and at the same time, the quality of the house is not guaranteed, because when the court commissions the auction agency to conduct the auction, it is usually only a simple description of the obvious defects.

Legal basis: Article 410 of the Civil Code of the People's Republic of China If the debtor fails to perform the debts due or the parties agree to realize the mortgage right, the mortgagee may agree with the mortgagor to be compensated in priority with the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.

If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property. If the mortgaged property is discounted or sold, it shall refer to the market**.

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

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Judicial auction real estate network. <>

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3. Auction associations, including the China Auction Industry Association** and provincial associations, including judicial auctions, as well as other auction announcements, such as works of art, land, movable and immovable property, various rights and interests, etc. 4. In the property rights trading centers in various places, state-owned property rights transactions are featured, and ordinary auction announcements are also included. 5. Auction professional**, you can search through the keyword "place name + auction announcement", and at present, there are only 2 companies that can be included nationwide.

6. **Judicial auction, which is specially issued by the court for judicial auction announcements. 7. Other ** and media, various types of auction announcements are available, which are characterized by being relatively scattered. <>

Legal basis<>

Article 7 of the Regulations of the People's Republic of China on Information Disclosure: People at all levels shall actively promote information disclosure efforts and gradually increase the content of information disclosure. Article 8: All levels of people's ** shall strengthen the standardization, standardization, and informatization management of ** information resources, strengthen the establishment of ** information disclosure platforms, promote the integration of ** information disclosure platforms and government service platforms, and increase the level of handling ** information disclosure. Article 9: Citizens, legal persons, and other organizations have the right to supervise the administrative organs' information disclosure efforts, and to make criticisms and suggestions.

According to Article 124, a people's court may declare that a certain property has been auctioned in accordance with law. For real estate auctions, the people's courts have the right to auction the auctioned properties. However, real estate auction is also a complex procedure that requires detailed investigation, evaluation and supervision by professionals to ensure the integrity, impartiality and fairness of the auction, so in practice, real estate auctions are still directly carried out by the people's courts.

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For real estate auctions, the people's courts have the right to sell the auctioned properties at a loss. However, real estate auction is also a complex procedure, which requires meticulous investigation, evaluation and supervision by professionals to ensure the integrity, impartiality and fairness of the auction. Thank you for your consultation and I wish you happiness and happiness <>

Hello. Who determines the unit price of a property?

The determination of the unit price of the real estate auction shall be decided by the people's court, and the people's court will, after investigating the value of the relevant property, determine a reasonable minimum ** as the opening price of the auction. When the auctioneer exceeds the minimum, the buyer with the highest hunger will get the property, otherwise a re-auction will be conducted.

I heard that if the re-auction fails after two auctions, the property ** will drop by 30 to be obtained by the performer, is that so?

The court property auction procedure is as follows:

1. Bidders can learn about the specific situation of the project through newspapers and announcements.

2. If it is determined that you intend to participate in the auction, then you can transfer the deposit to the designated account of the court.

3. With the receipt of the deposit and the valid proof of my identity, if the company participates in the auction, you can take the company's business license, organization certificate, and a copy of the legal person's ID card to go through the bidding registration procedures.

4. If the bidding is successful, the bidder can get the "Court Ruling", "Notice of Assistance in Enforcement", "Auction Transaction Confirmation" and other documents to the housing management department to transfer the ownership. If the bid is not successful, the deposit can be refunded three days after the auction ends.

5. On the day of the auction, bidders can log in to the electronic bidding system with their accounts or participate in the bidding at the bidding site. Under normal circumstances, the real estate will be announced for more than 30 days, and the bidder can also take advantage of this period to go to the project to understand the specific situation and risks of the property.

Judicial auction of housing means that the people's court in the compulsory enforcement procedure, the debtor's real estate public auction to pay off the creditor's claims, judicial auction of housing is the court's exercise of public power, the principle of judicial auction of real estate includes the principle of legality, the principle of openness, justice, fairness and good faith, the principle of the highest bidder.

Legal basis<>

Civil Procedure Law of the People's Republic of China

Article 257:Where the court president forcibly moves out of a house or forcibly withdraws from land, the court president is to sign a public notice ordering the person subject to enforcement to perform within a specified period of time. If the person subject to enforcement fails to perform within the time limit, the executor shall enforce it.

At the time of compulsory enforcement, if the person subject to enforcement is a citizen, the person subject to enforcement or his adult family members shall be notified to appear; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear. Where they refuse to appear, enforcement is not impacted. Where the person subject to enforcement is a citizen, their work unit or the basic-level organization where the house or land is located shall send people to participate.

The executive shall record the compulsory execution in the record, and the person present shall sign the name or affix a seal.

The people's court is to appoint someone to transport the property that has been forcibly moved out of the house to the designated place and hand it over to the person subject to enforcement. If the person subject to execution is a citizen, it can also be handed over to his adult family members. The losses caused by the refusal to accept shall be borne by the person subject to enforcement.

Article 258:Where it is necessary to go through formalities for the transfer of relevant property rights certificates and licenses during enforcement, the people's court may issue a notice of assistance in enforcement to the relevant units, and the relevant units must handle it.

Yes, but please be careful. A judicial auction is a property that is enforced by a court. When the debtor is unable to perform the mortgage contract or is unable to repay the debt, the creditor applies to the court through various judicial procedures to compel the execution of the house in the debtor's name and use the auction price to satisfy the creditor's rights.

It is reported that there are four main "foreclosure houses", one is mortgage default, the second is private loan default, the third is judicial confiscation, and the fourth is ownerless real estate. It is possible to pick up a low price, or it is possible to fall into embarrassment. Legal professionals remind buyers to pay attention to the following matters before bidding in the foreclosure auction:

1. Pay attention to whether the court entrusting the auction is the first-hand direct seizure of the house, or the person waiting for the seizure, and whether it is seized by other institutions.

2. Pay attention to whether there are problems with the property rights and property rights of the auctioned houses, and whether there are unclear property rights, no property rights, small property rights, and joint property rights.

3. The owner of the foreclosure house is often involved in debt problems, and the house may be mortgaged multiple times. If there is a mortgage, it is necessary to find out whether it is possible to release the mortgage. If the mortgage cannot be released, it may face the corresponding debt repayment risk in the future, because all the subsequent costs of the foreclosure house will be borne by the buyer.

It is worth noting that since private loans cannot be known through inquiries from state agencies, the purchase of such houses may be pursued by other creditors after moving in.

4. Pay attention to whether there is a problem of the actual right of residence holder and the problem of moving out of the household registration. If a foreclosure property with a long-term lease is bought, although the purchaser has completed the transfer of ownership of the property, it is not possible to actually move in because the tenant does not move out or the original owner refuses to relocate. Under normal circumstances, the enforcing court will not force the vacancy, and it can only be handled by the buyer through a separate civil case.

5. The original owner of the foreclosure house may also have unpaid water, electricity, property fees and other expenses, and some properties may face a large amount of arrears due to long-term unoccupied, which will be borne and resolved by the bidder. This situation will generally be explained in the introduction of the subject matter of the auction announcement, for example, the information of a certain ** shows that "the arrears of property, water, electricity, gas, etc. are unknown, and the buyer shall bear them after verification".

Article 247 of the Civil Procedure Law of the People's Republic of China: After property is sealed or seized, the executor shall order the person subject to enforcement to perform the obligations set forth in the legal document within the specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own. The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.