How to vacate the foreclosure house? Procedures for forced eviction of foreclosure houses

01 Depends on the country.

1. Filing a lawsuit to require the illegal occupier to vacate the house, and applying for compulsory enforcement to achieve the purpose of vacating the house after winning the lawsuit, this method usually takes a long time, and after winning the lawsuit, it will face difficulties in enforcement, and sometimes there is a risk of losing the lawsuit.

2. Call the police, this program is more effective for harassment, but it has little effect on illegal occupancy, usually the police will let the two parties sue to resolve, as long as there is no fight, the police will generally not deal with it.

02Self-reliance.

Forced to move in, we see that some buyers are more bold, regardless of 3721, as long as they get the property, they will pick the lock and move into the house, and eat and live with the illegal occupants, but this is a test of the buyer's physical strength, and there are also relatively large personal safety hazards.

03Rely on external forces.

This is also a way to walk between legal and illegal, which is not too reliable, and it is easy to cause new contradictions, including:

1. Decoration eviction method.

2. Patient Licensed Deportation Law.

3. International Friend Aid Law.

4. Master Mind Suggestion Method.

You can find a lawyer, or go to court.

First of all, bidders should conduct a survey (due diligence) on the property before participating in the auction to fully understand the condition of the property and the possible risks. If it is an occupied foreclosure house.

Try not to participate in the auction, if you must participate in the auction, you must make a clearance plan in advance. The steps to conclude due diligence are 5 steps:

1.Investigate information about the case involved in the foreclosure house.

2.Investigate the judgment debtor's involvement in other relevant enforcement cases other than the subject matter, and eliminate the risk of other creditors occupying it.

3.On-site household investigation, on-site inspection of the occupancy, the nature of the occupant and the preliminary formulation of the clearance plan.

4.Whether there is a company under the name of the person subject to enforcement and the overall situation of the company involved in the case, so as to avoid other risks such as debts, routine loans, and occupation by outsiders.

5.In addition, the rest of the important information needs to be controlled by a professional foreclosure company.

team to judge.

Buyers do not have professional knowledge, especially the legal risks of these contents are not understood, so it is not recommended to blindly participate in the auction to avoid problems such as "not being able to live in" and "being occupied" after the auction cannot be solved.

The procedure for compulsory vacating of foreclosure is as follows:The first step is to forcibly move out of the subject matter of enforcement. The enforcing court shall promptly issue a public announcement ordering the person subject to enforcement or other persons in possession to move out within the specified time limit, and inform them of the legal consequences of refusing to move out.

In the second step, if the person subject to enforcement or other persons in possession refuse to move out after the expiration of the specified time period, the enforcing court may notify the relevant departments or units to assist in cutting off water, electricity, gas, etc., and impose fines or detention on the person subject to enforcement or other persons in possession in accordance with law; where they still refuse to move out, they are to be forcibly cleared in accordance with law; where it is suspected of constituting a crime, it shall be transferred for investigation of criminal responsibility in accordance with law.

In the third step, the property removed from the compulsory clearance is to be made by the enforcing court and transported to the designated place and handed over to the person subject to enforcement or other possessors. Where the person subject to enforcement or other person in possession refuses to accept it, upon obtaining the consent of the person applying for enforcement, it may be handed over to the person applying for enforcement or other persons for safekeeping, and the person subject to enforcement or other person in possession shall collect it within a set period of time. If the person subject to enforcement or other persons in possession do not collect it within the time limit, the property shall be deposited, and the deposit fee shall be borne by the person subject to enforcement or other persons in possession.

How long does it take for the court to deliver a foreclosure property?

At present, the judicial auction of the house is about three months, and the whole process of the judicial department auctioning the property should be about 2 or 3 months, so the period of vacating the house can be as long as it is within 3 months, but it should be noted that there are no specific restrictions and regulations on the period of vacating the house. In terms of the whole process, because the judicial department has to go through various relevant procedures when compulsorily auctioning the property, the person who wins the auction of the property has to accept the house, that is, 3 months. If you need legal help, you can click on the avatar to contact Lawyer Fang to provide professional legal advice and litigation services.

1. In any of the following circumstances before the start of the auction, the people's court shall withdraw the auction entrustment:

1. The effective legal documents on which enforcement is based are revoked;

2. The applicant for enforcement and other enforcement creditors withdraw the application for enforcement;

3. The person subject to enforcement has fully performed the monetary debts determined in the legal documents;

2. The difference between auction and sale:

1. The procedures are different: the court auction must first make an announcement and notify the relevant personnel to be present; There is no such provision for liquidation;

2. Different time limits: the court auction has clear time limits from the announcement of the items and the time of the auction; Selling, on the other hand, is not limited by time;

3. The method of determining the value of the subject matter is different: the court must evaluate the auction object during the auction, determine the reserve price, and then determine the value of the auction object through bidding; There is no such procedure for liquidation;

Legal basisArticle 2 These Measures shall apply to the auction or sale of tax-deductible property by the tax authorities, and the use of the proceeds from the auction or sale to offset the tax and late payment fines. Auction refers to the way in which the tax authorities entrust the tax-deductible property to an auction agency in accordance with the law and transfer the specific property to the highest bidder in the form of open bidding.

Sale refers to the way in which the tax authorities entrust a commercial enterprise to sell the tax-deductible property on their behalf, order the taxpayer to dispose of it within a time limit, or have the tax authorities sell the property at a discount. "Tax-deductible property" refers to the commodities, goods, other property or property rights that have been seized, sealed or subject to compulsory enforcement in accordance with the provisions of the tax authorities for tax enforcement in accordance with the law. The person subject to enforcement refers to the taxpayer, withholding agent or tax guarantor and other tax administrative counterparts engaged in production and operation.

Legal analysis: Pay attention to the court auction announcement, because many courts are not actually responsible for clearing the site, so it is necessary to understand whether the court is responsible for clearing the site before purchasing. Of course, if the original owner maliciously does not move out, the court is obliged to require the original owner to vacate the house.

A foreclosure house, also known as a "court auction property", is a house that is forced to be auctioned by the court. When the debtor (owner) is unable to perform the loan contract or is unable to repay the debt, the creditor applies to the court for enforcement through judicial procedures, auctions the house in the debtor's name, and uses the auction proceeds to repay the creditor's rights. And the house that is auctioned in the process is a foreclosure house.

A foreclosure house is a property auctioned by the court, and it is a house that is forcibly auctioned by the court. When the owner is unable to perform the loan contract or cannot repay the debt, the creditor submits to the court through judicial procedures to forcibly auction the real estate in the debtor's name, and the proceeds of the auction are used to repay the creditor's rights. And the houses that are auctioned here are foreclosure houses.

Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the People's Court's Determination of the Reference Price for Property Disposal" Article 3 Before the people's court determines the reference price, it shall ascertain the ownership, encumbrance, possession and use of the property, unpaid taxes and fees, quality defects and other matters. Where people's courts ascertain that the matters provided for in the preceding paragraph require the parties, relevant units, or individuals to provide relevant materials, they may notify them to submit them; If they refuse to submit, they may be forced to extract; Where compulsory extraction is obstructed, it is to be handled with reference to articles 111 and 114 of the Civil Procedure Law.

Where it is ascertained that the matters provided for in the first paragraph of this article need to be audited or evaluated, the people's courts may conduct the audit or appraisal first.

There is no clear time period for vacating, and the description of the person responsible for vacating in the auction announcement of the foreclosure house is very simple, and there is no specific explanation. In most cases, the court announcement generally states that the delivery will be made according to the status quo and will not be responsible for vacating. The courts are not responsible for these defects in the foreclosure property, and most courts only auction them, ignoring these and not reflecting these defects in the documents.

It is a recognized fact in the foreclosure industry that the court vacates the foreclosure house may increase the cost of buying a house, and risks and benefits coexist, which is a recognized fact in the foreclosure industry. However, it is undeniable that this kind of court is responsible for vacating the higher security, the buyer pays more attention, the willingness to buy is more obvious, it is easier to auction the ** close to the market price, and the profit margin is relatively small.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Qualifications of Bidders for Judicial Auction of Real Estate in the People's Courts

Article 2 When the people's court organizes the judicial auction of real estate, the auction announcement issued by the people's court shall specify that the bidder must have the qualifications to purchase the house and the corresponding legal consequences, and if the bidder applies to participate in the auction, he shall promise to have the qualifications to purchase the house and voluntarily bear the legal consequences.

Article 3 After the judicial auction of real estate is concluded, and before issuing a transaction ruling to the buyer, the people's court shall examine and approve the supporting materials submitted by the buyer that the buyer has the qualifications to purchase the house from the time of its application to participate in the auction to the time of the issuance of the transaction ruling; If, upon review, the buyer does not meet the requirements for continuing to be qualified to purchase a house, and the buyer requests the issuance of an auction transaction ruling, the people's court shall not approve it.

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We'll be happy to answer for you. : There is a time limit for the compulsory vacancy of foreclosure houses. The period for applying for enforcement is two years, and the period for enforcement is six months.

In cases where the person subject to enforcement has property available for enforcement, the period for compulsory vacating the house by the court shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted.

Is there a time limit for the forced vacancy of the foreclosure house?

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We'll be happy to answer for you. : There is a time limit for the compulsory vacancy of foreclosure houses. The period for applying for enforcement is two years, and the period for enforcement is six months.

In cases where the person subject to enforcement has property available for enforcement, the period for compulsory vacating the house by the court shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted.

Under normal circumstances, the occupants should move out immediately after the house is auctioned. However, depending on the occupant, the time and requirements for moving out of the body are also different. If the occupant is the original owner of the property, he or she should move out immediately and cannot continue to live there, which is illegal occupation of other people's property; If the occupant is a tenant, it depends on whether the signed real estate lease contract has been recognized by the court that executed the auction, and it has been recognized and can continue to live in it, and if it is not recognized, it should move out immediately.

A foreclosure house, also known as a "court auction property", is a house that is forced to be auctioned by the court. When the debtor is unable to perform the loan contract or is unable to repay the debt, the creditor applies to the court for compulsory enforcement through judicial procedures, auctions the house in the debtor's name, and uses the auction proceeds to repay the creditor's rights. And the house that is auctioned in the process is a foreclosure house.

Legal basis: Article 244 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.