How to stop a house from being auctioned, how to stop the court from auctioning off a property

In order to avoid the house being auctioned by the court, the person subject to enforcement shall perform the obligations determined by the effective judgment to the applicant before the auction of the house. or negotiate with the applicant to perform in installments, and the applicant shall apply to the court to stop the auction procedure. If it is the only house in the name of the party, it can only be sealed, and it cannot be auctioned, and the registration of marriage has nothing to do with whether the house is auctioned[Legal basis].As follows:

According to Article 6 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts, the people's court may seal up the residential houses necessary for the livelihood of the person subject to enforcement and the family members they support, but may not auction, sell or redeem debts. Article 7: With respect to houses and daily necessities that exceed the necessities necessary for the lives of the person subject to enforcement and the family members they support, the people's court may, on the basis of the application of the person applying for enforcement, enforce the housing and ordinary necessities necessary for the minimum standard of living of the person subject to enforcement and the family members they support.

Blocking the auction of the property requires enforcement for repayment or objection by an outsider. According to the relevanceLaws and RegulationsIf the person subject to enforcement pays off the arrears, the court will re-unseal the property. If an outsider raises an objection to the enforcement court, the enforcement court will immediately verify the possibility of sealing the house and the transaction after receiving the application, and may also block the auction of the property.

Legal analysisLost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

[Legal basis].Article 225 of the Civil Procedure Law of the People's Republic of China: Where parties or interested parties feel that the enforcement act violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

You can't stop it, unless you want to break the law! If the negotiation is successful, the repayment can be made on time, but the house is still in the state of seizure and will not be unsealed, and it is still not possible to buy and sell the transfer, and when the repayment is completed, it is good to apply for unsealing! If the negotiation fails, and you don't agree to postpone the auction, you can only follow the process and put it up for online public auction!

Analysis of legal obstruction: In order to avoid the house being auctioned by the court, the person subject to enforcement must perform the obligations determined by the effective judgment to the applicant before the house auction is concluded. or negotiate with the applicant to perform in installments, and the applicant shall apply to the court to stop the auction procedure.

If it is the only house in the name of the party, it can only be sealed, and it cannot be auctioned, and the registration of marriage has nothing to do with whether the house is auctioned

Legal basis: "Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts" Article 6: The people's courts may seal up residential houses necessary for the livelihood of the person subject to enforcement and the family members they support, but must not auction, sell, or redeem debts. Article 7: With respect to houses and daily necessities that exceed the necessities necessary for the lives of the person subject to enforcement and the family members they support, the people's court may, on the basis of the application of the person applying for enforcement, enforce the housing and ordinary necessities necessary for the minimum standard of living of the person subject to enforcement and the family members they support.

Legal Analysis: Filing an enforcement objection to the court. or provide an enforcement guarantee.

Legal basis: Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts

Article 26 Where there is no bidder at the time of the auction or the highest price of the bidder is lower than the reserve price, and the applicant for enforcement or other enforcement creditors present at the auction do not apply to pay off the debts at the reserve price set in the auction, the auction shall be held again within 60 days.

Article 27: The people's court may, in accordance with the provisions of Article 19 of these Provisions, hand over the movable property that is still unsold in the second auction to the person applying for enforcement or other enforcement creditors to pay off debts. If the person applying for enforcement or other enforcement creditors refuse to accept or fail to deliver the debt in accordance with law, the people's court shall lift the sealing or seizure and return the movable property to the person subject to enforcement.

Generally, the bank will file a lawsuit for auctioning the house with the court at a time when the repayment is overdue for about half a year. From the court judgment to the execution of the auction, it will take another half a year. In this way, the borrower is granted a one-year "grace period" for repayment.

On the premise of ensuring the necessary living conditions of the person subject to enforcement and his family, the only real estate can be enforced. Therefore, although the relevant provisions stipulate that the only property subject to enforcement can be enforced, it does not fail to take into account the necessary residential needs of the person subject to enforcement, and does not deprive him of housing.

<>However, it is possible to auction the house inhabited by the person subject to enforcement and his or her dependents who have been mortgaged in accordance with the law, but after the judgment is made on auction, sale or repayment of debts, a grace period of six months shall be given to the person subject to enforcement. If the house involved in the case is successfully auctioned, the ownership of the house will be transferred to the bidder after the court confirms the auction transaction. Bidders can directly ask the original owner to quit the property.

If the bidder refuses to withdraw, the bidder may file a lawsuit with the court to remove the obstruction. Debt repayment, it is a matter of course, think about it from another perspective, there is nothing to complain about. For the only real estate, an objection to enforcement may be raised, and the people's court will finally decide whether it can be auctioned after trial.

Although you have paid more than half of the house and you are paying the remaining loan, the house does not belong to you because you have not registered the transfer in time. Therefore, if the court seizes the property now, you will not be able to close the property. Since the original owner does not have a house ownership certificate, he cannot go through the online signing transaction procedures through the trading center when purchasing, let alone transfer the house, and naturally cannot apply for the registration of the house notice.

According to the provisions of the "Property Law", the real estate right needs to be registered in accordance with the law to take effect, if the house is mortgaged, it is recommended to sue, the real estate certificate has not come down, the house is not transferred to the house, the house is not yours. Before making a down payment, you have to go to the transaction with the homeowner to check whether there is a mortgage, which is a key procedure. Apply to the court for an objection to enforcement, after you have completed the online signature, the court will seal it in the way of tax payment and transfer, and you have the right to apply for an enforcement objection, and the case will be withdrawn for a new trial to see whether the evidence you provide is sufficient.

If the house is auctioned, but the borrower is unaware, he can use legal means to protect his rights, because the borrower will definitely be notified before the auction, and if the borrower is not notified, it is also illegal to auction directly, and you need to pay legal responsibility later. Of course, if the house is repaid and you don't have the money to repay, and the court also informs you that the house is going to be auctioned, there is no way.

Hello The house is auctioned because the mortgage is not paid in time, resulting in default, at this time, the bank will conduct a public auction of the secured property, and the proceeds of the auction will be used to repay the remaining loan that the lender has not repaid, and if there is a balance will be returned to the lender. This is the right of the security holder, i.e., the priority right to payment. Generally speaking, the security holder will notify the property owner before the property is auctioned, and the owner only needs to repay the loan in a timely manner at this time, or apply for an extension of the loan term to save the auctioned house.

Legal basis: Article 394 of the Civil Code of the People's Republic of China stipulates that if the debtor or a third party does not transfer the possession of the property in order to guarantee the performance of the debt, but mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage right is realized as agreed by the parties, and 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. I hope the above can help you.

Such a situation is illegal, and you need to protect your rights and interests through legal means.

There are several ways to save the house from being auctioned: redemption, mediation, filing for bankruptcy, and appealing to the court. Specifically, the appropriate method should be selected according to the actual situation.

Houses are often auctioned off because of ownership disputes or financial problems that prevent the homeowner from paying off debts such as mortgages. If the house is auctioned, the following ways can be considered to save it: 1. Redemption

Before the end of the auction, the owner or a third party can buy back the auctioned house by bidding. Redemption requires quick action and payment of fees such as bids and processing fees. 2. Mediation:

Homeowners can mediate with banks, creditors and other relevant parties to find a reasonable structural solution. Mediation usually requires both parties to reach an agreement and sign an agreement. 3. Filing for bankruptcy

If the homeowner is already mired in debt and is facing a situation where he or she is unable to pay his debts, he or she can file for personal bankruptcy with the court. After the application is successful, the court will liquidate the debt, thereby relieving the financial pressure on the homeowner. 4. Appeal to the court:

If the house has already been auctioned, the homeowner can appeal to the court to have the auction decision reversed. The appeal needs to be supported by sufficient evidence and the application for appeal must be submitted within the specified time. The above are several ways to save the house from being auctioned, and the specific action plan should be determined according to the actual situation.

If you need legal assistance, you can consult a professional lawyer or legal advisor.

If I want to redeem a house that has been auctioned, what do I need to pay attention to? If you want to redeem the house that is auctioned, you need to pay attention to the following issues: 1. Time is pressing

Redemptions need to take place before the end of the auction, so they need to be acted upon quickly and paid accordingly. 2. Reasonable: The redemption should be reasonable, and generally should be higher than the current auction.

Redemption needs to be carried out in the form of bidding, which may encounter challenges and competition from other bidders, and requires a certain coping strategy.

If the house is auctioned, it needs to be saved in a timely manner, including redemption, mediation, filing for bankruptcy, and appealing to the court. Each approach has its own advantages and disadvantages, and the appropriate method should be selected according to the actual situation, and the corresponding problems should be noted. If you need legal assistance, you can consult a professional lawyer or legal advisor.

[Legal basis].

Civil Procedure Law of the People's Republic of China》 Article 197:After reviewing and ruling that the people's court accepts the application, and upon review, it is found that it complies with the provisions of law, a ruling is made to auction or sell the secured property, and the parties may apply to the people's court for enforcement on the basis of the ruling; where it does not comply with the provisions of law, a ruling is made to reject the application, and the parties may file a lawsuit in the people's court.

Legal Analysis] If the house is auctioned, but the owner does not know, in this case, you can use legal means to protect your rights, because the landlord will definitely be notified before the auction, and if the landlord is not notified, it is also illegal to auction directly, and you need to pay legal responsibility later. Of course, if you don't have the money to pay it back, there is no way to do it if the court informs you that the house is going to be auctioned, unless you have enough funds to pay off the debt. If the mortgage is interrupted, the lender will bear the corresponding liability for default, and the bank will not repay the loan on time for many times or for a long time, which has a great impact on the bank's interests and operations.

In such adverse consequences, the lender will have to bear certain liabilities for breach of contract, which generally includes paying the relevant expenses such as the bank's quiet lawsuit against the lender in addition to the repayment of the principal and interest of the loan and penalty interest. The most important consequence of this is to leave a bad record on the lender's credit profile in the banking system.

Legal basis] Article 2 of the Interpretation of the Supreme People's Court of the People's Republic of China on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments and Rulings stipulates that refusal to move out of the house or land, resulting in the inability to enforce the judgment or ruling, is "other circumstances in which the person has the ability to enforce the judgment or ruling, and the circumstances are serious", and will constitute the crime of refusing to enforce the judgment or ruling.