Experts answer questions about how to protect the interests of banks in housing auctions

Legal analysis: You can take the initiative to apply for a bank auction of the house, and if the money is not enough to pay after the auction, you must continue to repay the bank's loan, and the bank can exercise the mortgage right.

Legal basis: Article 392 of the Civil Code of the People's Republic of China Where the secured creditor's right is secured by both a security in kind and a hail merger, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the source of the creditor's right shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

If the loan is overdue, only one house will not be auctioned directly, because according to the law, the necessities of life of the person subject to enforcement and his dependents should be retained. However, if the mortgage is overdue and the user does not repay the loan for a long time, the bank may initiate the foreclosure process and auction the loan property to repay the arrears.

Legal analysis: You can take the initiative to apply to the bank to auction the house, and if the money is not enough to pay after the auction, you must continue to repay the bank's loan, and the bank can exercise the mortgage right.

Legal basis: Civil Code of the People's Republic of China Article 392 Where the secured creditor's rights are secured by both real and personal security, and the debtor fails to perform the debts due or fails to perform the debts due or fails to perform the situation of realizing the security interest as agreed by the parties, the creditor shall realize the creditor's rights in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability. Search slowly.

First of all, the bank, as a creditor, has the right to claim claims that have matured. As a debtor, you are obliged to pay off debts that have become due.

Even if there is only one property, if there is no other enforceable property, the property will be auctioned by the other party to the court to pay off the debts as they fall due. If, after the auction, the bank recovers its own creditor's rights, and there is still a balance of the house auction money, it will be returned in accordance with the law.

If there is no balance, the court may ask the bank to rent a house for temporary residence. Generally, the rent paid by the other party is 3 to 6 months.

Therefore, it should be certain that the house will be auctioned, and we should actively find ways to raise funds to repay the bank.