Is it legal for the debtor to just use the house on the IOU to resist the house now?

I owe a debtor who can't repay when due. It's also legal for you to ask for collateral now. If the other party does not give the house, you can go to court to sue.

Hello, from the information you provided, the other party's loan is mortgaged by the house, if the debtor can not pay off the arrears on time, you can apply to freeze the property, and auction to get back your arrears.

This relatively large amount of arrears, there should be witnesses and both parties to sign and draw, so as not to cause greater disputes and disputes, involving real estate should be cautious, it is best to have a notarization, if the other party agrees, it will be resolved.

According to the conditions you agreed, he really can't pay the money, and he can use the house as his compensation, as long as he goes to the notary office to notarize and transfer the house to himself.

Of course, as long as the IOU has something to mortgage, and the loan is not repaid within the specified time, you can collect the mortgaged thing, which is reasonable.

If there is no mortgage registration, it is recommended that you sue the other party and seize the other party's property for later enforcement, however, in general, you cannot ask for the house directly.

If you want a house now, you have to go through the legal route, and the law allows you to sign before you can mortgage the house.

Of course, as long as there is an IOU is evidence, it is legal to ask for a house.

The other party is unable to repay and agrees to cash in.

Prosecute, act in accordance with the law. Private execution, when there is a conflict, it will be troublesome.

Besides, there is a difference between not paying it back and not paying it back.

If there is a fact of lending, and the content of the IOU is consistent with the fact of the loan, the IOU has legal effect. However, if the IOU states that the house is mortgaged, and the mortgage contract is not signed for mortgage registration, the mortgage is invalid and the mortgage right is not established. , Civil Code of the People's Republic of China, Article 143 [Conditions for the Validity of Civil Juristic Acts] Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct; (2) the intention is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Fourth, if it is suspected that Article 102 [Registration of Mortgage of Immovable Property] is mortgaged with the property provided for in Items 1 to 3 of the first paragraph of Article 395 of this Law or the building under construction as provided for in Paragraph 5 of this Law, the mortgage registration shall be completed. The mortgage is created at the time of registration.

Lender: (hereinafter referred to as Party A), Borrower: (hereinafter referred to as Party B), (1) Party A now borrows money to Party B, in order to avoid unnecessary losses and risks, and bind both parties to abide by good faith, Party A and Party B agree to negotiate together and sign the following loan agreement.

1. Loan amount, interest and term: Party A's one-time loan is now capitalized RMB: yuan (lowercase RMB) to Party B, and the loan term is one year (YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

No interest accrues during the term of the loan. At the expiration of one year, Party B shall return the loan to Party A in a lump sum. 2. Other matters:

In order to make the agreement more fully legally effective, Party B voluntarily mortgages the house located on the façade to Party A, and Party B is responsible for handling the mortgage registration procedures. The real estate license number is: , located in, common floor, construction area of square meters, state-owned land use certificate:

Located in the No., the land use area is square meters, and the loan agreement between the two parties A and B is notarized by the notary office. If Party B fails to return Party A's yuan within the loan period, Party B voluntarily will be placed in the auction by Party A, such as auction, Party A has the right of first refusal, if Party A does not purchase, the auction money obtained by Party A shall be compensated first, Party B shall not have objections, and Party B will not repay on time and voluntarily accept the compulsory enforcement according to law. This agreement is in triplicate, each party holds one copy, and the notary office retains one copy, and both parties sign it to take effect under the notarization of the notary office, which has absolute legal effect.

With an IOU, an IOU, today borrowed to RMB 10,000 yuan, the term is one year, yes. This IOU is effective together with the Agreement. , Borrower:

The IOU with collateral is legal and valid as long as it includes the lender, the borrower, the amount of the loan, the time of the loan, and other main contents. The standard IOU shall have the following contents: (1) Clearly state the full legal names of the borrower and the lender.

2) Write down the amount of the loan, including the uppercase and lowercase amount. (3) Clearly state the time limit of the loan, including the start and end dates of the loan and the clear term of the loan. (4) Clearly state the interest on the loan, which should have a clear annual interest rate or monthly interest rate, and the total amount of interest payable on the loan.

5) The date, time and method of repayment of the principal and interest of the loan should be clearly written. (6) There shall be a signature, handprint or handwritten signature of the borrower himself/herself.

The property of the children whose parents owe debts will not be repaid, and there is no provision for the repayment of fathers' debts to children in China. If the house in the child's name was legally purchased by the child or acquired in good faith, then the creditor cannot claim that the child's property be used to offset the debt of the father's mother. If the parents are in debt and then give away or sell their property to their children at a low price, and transfer the property to the adult children.

The creditor can apply to the court to revoke the gift contract or the sale and purchase contract, and the court will enforce the house to repay the debt.

Civil Code of the People's Republic of China

Article 399.

The following properties may not be mortgaged:

A) the ownership of the land with the key hole;

2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law provides that it may be mortgaged;

3) Educational facilities, medical and health facilities, and other public welfare facilities established by non-profit legal persons for public welfare purposes, such as schools, kindergartens, and medical institutions;

4) Property whose ownership or right to use is unclear or disputed;

5) Assets that have been sealed, seized, or supervised in accordance with law;

6) Other property that laws and administrative regulations provide must not be mortgaged.

Legal Analysis: This is not possible. Because these unauthorized taking of other people's financial balance and goods is an illegal act, it is generally a theft, and you should be required to bear the corresponding legal responsibility.

The measures that the creditor should take are to file a lawsuit with the court, apply for enforcement, freezing, preservation of property and other measures, and finally use all the movable or immovable property of the debtor to offset the debt.

Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China: Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed by premature depression, it may apply to the people's court for preservation measures at the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.

If the debt cannot be repaid, the two parties may decide through negotiation to use the debtor's property to pay off the debt, which is the result of consultation between the two parties and is legal. However, without the consent of the debtor, the creditor may not seize the debtor's property or use the debtor's property to settle the debt.

As long as it is his property, it can be executed.

In private lending, if the debtor agrees to use his own house to repay the arrears, the court will enforce it through the following ways:

1. If the creditor and the debtor reach an agreement on the value of the house and the repayment of the debt, the debt shall be repaid according to the amount determined by the two parties through negotiation. However, the interests of other creditors shall not be infringed.

2. If the creditor and the debtor cannot reach an agreement through negotiation, the creditor may apply to the court to appraise and determine the value of the house, and repay the debt according to the appraised value.

3. In the process of court enforcement, if the creditor does not agree to use the house to settle the debt, the creditor needs to apply to the court to auction the house involved in the case and repay the debt with the auction proceeds.