How to buy a judicial auction property, how to handle a judicial auction house

1. How to buy a foreclosure house? The specific process of participating in the judicial auction is as follows:

2. Precautions for buying a foreclosure house.

1. Understand the situation and information of the foreclosure house.

Before auctioning the property, buyers must have a detailed and comprehensive understanding of the actual situation of the property, that is, the preliminary mapping work should be solid. In addition, you should do more research, run more errands, and try to bid for a house that you are familiar with.

2. Identify whether the house is "wheel sealed".

For auctions**, it is best to go to the auction company, the archives center or the land bureau to find out. For example, how many courts have seized them? If more than one court seizes the same house, it is called "wheel sealing" in the industry.

Even if the bank can lend money as scheduled, it will be difficult to distribute it for a while because there are multiple creditors. In this way, the risk of future property transfer will be very large, and it will take a long time.

3. Pay attention to the relevant costs of foreclosure houses.

It is recommended that you pay attention to the related expenses that increase in addition to the cost of buying a house, such as whether there is an unexpired lease? Whether there are arrears such as property management fees, water, electricity and gas fees, cable TV viewing fees, etc. This is because there are some cases of arrears, and the auction announcement may require the buyer to deal with it themselves.

In this way, it is possible that after the unknown fee is added, the auction price may be higher than the market price, so everyone must remain rational and stick to the psychology at the auction site**.

4. Be sure to prepare funds to ensure that the funds are in place to avoid wasting the deposit.

It is important to have a good understanding of your own financial situation. For example, after the property auction is closed, it is usually necessary to make a lump sum payment, and even if you can take out a loan, you have to take into account many costs, and if the loan is not available or the loan is delayed, other problems may arise.

The biggest risk of judicial auction of property comes from three places:

1) Whether the property rights are clear and whether there are disputes.

2) The residence or rental situation of the owner or resident.

3) Hukou issues.

1) First of all, the most important thing is that you need to have a sufficient understanding of the ** and value of the house. I spent 6 months looking at 70 90 houses before I decided to bid on the house (I was lazy and struggled to buy a house a few times in between). I am very familiar with what good communities are in the current area, what are the houses in each community, and how much the transaction price is.

This is a basic premise for deciding to buy a house in any form, and it is also a guarantee for participating in the auction process later.

2) After getting familiar with the house, I began to pay attention to the properties that were recently auctioned on **, and soon found a very good community, and there was a house that met my requirements ready to be auctioned. It just so happens that I have seen the same type of house downstairs, and the market price is more transparent, at about 3.2 million (rough embryo), and the starting price of this set of decoration in the judicial auction is about 2.2 million, which is 1 million lower than the market price.

3) Once you've locked the target, you can start to explore the property rights of the house and the tenants. First of all, you can try to find the court of the auction through the information published by **, and then go to the Internet to find the court's ** to inquire about the judgment information related to this property. The auction of personal and bank debt relationships is relatively clean, and personal and personal disputes are very troublesome.

It's a pity that I didn't find the corresponding verdict information in this set.

4) Then you can go to the community to find a property to inquire, you can find out the time of the household's purchase through the property (used to calculate whether it is two years, whether it is five years), the property fee of the household, the payment of water bills (to understand the current economic situation of the household, and the living situation), whether the household has purchased a parking space (generally people who buy a house first-hand, the parking spaces purchased are next to the elevator entrance of the unit, which can be added to the purchase decision).

5) The property understands that the current house should be occupied, so you can try to knock on the door directly for consultation. I went three times in a row, and finally knocked on the door on the third time and entered the house. This time the harvest was very big, and I asked for several important information.

Why the house was auctioned, how many lots the house is, the relationship between the tenant and the owner, what happens to the tenant after the auction, and whether the house has a child's household registration under its name).

6) Through the above research, it is basically possible to rule out the hidden dangers of property rights disputes, the problem of residents not cooperating with moving out, and the maintenance of household registration disputes. After these biggest risks have been eliminated, it is time to prepare for the auction.

7) ** judicial auction, must submit a deposit for registration, the amount of the deposit for each property registration is different, and there must be 2 or more people to submit a deposit to register for participation, the auction will be valid. Here I found a childcare and asked them to pay a deposit to sign up. (Just in case no one likes the house and the auction is invalid).

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Legal analysis: For normal transfer, the judicial auction will submit a proof of purchase and the certificate of ownership of the previous property, and bring the information to the housing authority to transfer the ownership. According to the relevant laws and regulations, if the debtor fails to perform the due debts or in the event of the realization of the mortgagee's right as agreed by the parties, it may request the people's court to auction or sell the mortgaged property.

Where the parties voluntarily perform the judgment or ruling, the parties shall jointly go to the registration authority to handle the transfer of ownership; If one of the parties is unwilling to perform the obligation of the judgment or ruling, the bank shall submit an application for compulsory enforcement to the court.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 410 Where the debtor fails to perform its debts due or the parties agree to realize the mortgage rights, the mortgagee may agree with the mortgagor to be repaid 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**.

Nowadays, real estate transactions are frequent, but the pressure to buy a house is still quite large, many friends will feel very much pressure to buy a house when they are faced with the purchase of a house, their own funds for buying a house are limited, and they will be very cautious when buying a house.

1. High financial pressure.

Don't you see that the judicial auction house is cheaper, and you think that you can pay a little less money when you buy a house, in fact, most of the judicial auction ** requires a one-time payment. In addition to the one-time payment, a certain amount of auction deposit is generally required before the auction bidding, and the balance needs to be made up within a certain period of time after the transaction. It is more difficult to return the deposit paid, so buying a house at judicial auction requires the bidder to fully consider his financial situation and not blindly follow the auction.

2. The quality is not guaranteed.

It is not that the quality of the houses auctioned by the judiciary is not good, but the quality mentioned here is not guaranteed because it is not easy to see the houses in the judicial auction on the spot, and the buyers cannot inspect the quality and rent of the houses. And when the court entrusts an auction agency to conduct an auction, it is usually only a brief description of the obvious flaws, and it is very likely that the house being auctioned will have some other relatively hidden big problems. Once the bidding decision is easily made, and the buyer cannot understand the specific situation of the house through the on-site inspection, the court is not responsible for the defects of the house.

3. Check-in time.

In the process of normal real estate transactions, it is easy to have some transaction disputes or other problems, resulting in the buyer being unable to move in time after buying a house, let alone a house that has passed the judicial auction. In order to avoid the auction of the house, the person subject to enforcement often signs a long-term housing lease contract with a third party in bad faith, and according to the rules of non-rent breaking, the buyer will not be able to move in time even if the house is auctioned.

4. One house and two sales.

In fact, if the person subject to enforcement has signed a house sale contract with a third party, and the transaction has been completed, and the other party has paid for the house, then the buyer will encounter the situation of selling one house and two houses. There will be disputes involving the ownership of the house, which will also lead to the buyer not being able to move in in time.

There is still a big difference between buying a second-hand house and buying a new house, but no matter what type of house you buy, there are risks, and although the judicial auction of the house has something to do with the judiciary, it cannot guarantee the normal progress of the transaction.

If the property is auctioned by the court because he has become the person subject to enforcement and does not perform the effective judgment. According to China's Civil Procedure Law, there are many circumstances that cause the suspension or termination of enforcement, in specific cases, if there are no circumstances listed in the Civil Procedure Law, and you want to preserve your real estate, it is recommended to contact the enforcement court or negotiate with the enforcement applicant to pay off the debt as soon as possible. After the creditor is paid, the application is withdrawn, the enforcement procedure is concluded, and the property can be exempted from being auctioned.

Article 256 of the relevant provisions of the Civil Procedure Law of the People's Republic of China provides that in any of the following circumstances, the people's court shall rule to suspend enforcement: (1) The applicant indicates that enforcement may be extended; (2) Persons not involved in the case raise a well-founded objection to the subject matter of enforcement; (3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; (4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; (5) Other circumstances where the people's court finds that enforcement should be suspended. After the suspension disappears, the execution resumes.

Article 257:In any of the following circumstances, the people's court rules to terminate enforcement: (1) The applicant withdraws the application; (2) The legal document on which enforcement is based has been revoked; (3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation; (4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased; (5) The citizen who is the person subject to enforcement is unable to repay the loan due to difficulties in life, has no income**, and loses the ability to work; (6) Other circumstances where the people's court finds that enforcement should be terminated. Article 258:Rulings to suspend or terminate enforcement take effect immediately after being served on the parties.

Legal Analysis:1If the bid is successful, the auction platform will automatically generate an auction transaction confirmation.

The security deposit is converted into the purchase price. The bidder shall contact the court in time for subsequent payment of the house payment, and contact the lending bank to submit the materials required for the loan and sign the loan documents, so that the loan can be disbursed within the time required by the court. At this stage, the down payment will also need to be paid to the court account in a timely manner.

2.Go to the courthouse to sign the auction confirmation. 3.

After the bank loan is disbursed, that is, after the full payment of the house is paid to the account of the closed court, the court will issue an auction ruling to transfer the auction house to the bidder. 4.Pay taxes.

Before paying the tax, it is necessary to go to the real estate registration center to obtain the information of the state case in the real estate registration center. 5.The bidder shall go to the real estate registration center to complete the transfer procedures with the tax payment certificate and the transfer ruling.

Since the mortgage and seizure involved in the auction of the house are more than once, the procedures for unsealing before the transfer of ownership are also cumbersome.

Legal basis: Standardization Law of the People's Republic of China Article 2 The standards (including standard samples) mentioned in this law refer to the technical requirements that need to be unified in the fields of agriculture, industry, service industry and social undertakings. Standards include national standards, industry standards, local standards, group standards, and enterprise standards.

National standards are divided into mandatory standards and recommended standards, and industry standards and local standards are recommended standards. Mandatory standards must be enforced. The state encourages the adoption of recommended standards for the sheltering of forest ears.

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.