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If the judicial auction is unsuccessful, the house will be auctioned for a second and a third auction, and if it is unsuccessful after three auctions, the house can only be sold. Generally, it does not go to the step of selling, and generally the foreclosure house has been sold off at the time of the first and second auctions. The foreclosure process can be terminated if the person subject to enforcement is able to make up the debts owed during the enforcement process.
In addition to the disposal method of liquidation, there are also ways to dispose of it yourself.
First, the first unsuccessful auction will lead to a second auction, which lasts for 60 days. If within these 60 days, the person subject to enforcement has the money to repay the debt, the house can not be auctioned off. If the second auction has not been sold, the third auction will take place, and the third auction will last for 60 days.
If the third auction does not sell, then it will have to be sold.
Second, the property that is unsuccessful in the foreclosure auction will be sold and disposed of. The sale is not beneficial to both the person subject to execution and the person subject to execution, so it is also a result that everyone does not want to face. The ** sold is very low, and the debt that can be deducted is also very low, and the person subject to execution will also feel sorry for such a house sold at a very low **, and will find a way to make up for the arrears.
Therefore, in many cases, they will not choose to sell, and in one case, if they cannot be sold, then the court will consider that the house has no value and there is no point in continuing the auction. The plaintiff can only dispose of it himself.
Thirdly, if the sale of the property is still unsuccessful, the plaintiff will contact the buyer. If you want to cash out the house, you can only contact the buyer to sell the house, and if you want to keep it for yourself, you can do it. But many people are reluctant to keep themselves because there will be a lot of trouble.
The relevant regulations will also allow the foreclosure house to be sold as much as possible, and the court will also go all out to auction the foreclosure house.
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If the auction is not successful, we will wait for the second auction, and the house will still belong to the court until the auction is out.
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If it doesn't work out in the end, you can choose to sell it, or you can dispose of it yourself, you can rent it out, or you can sell the house, as you like.
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The next auction will be held until the auction is successful, which is the only solution.
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The solution to the failure of the court to auction the house is as follows:
First, the first auction auction.
After the first auction by the auction house, whether it is movable or immovable property, the applicant for execution can receive the subject matter according to the auction ** and pay off the debt in kind.
If they do not agree to accept it, the second auction shall be conducted within 60 days after the auction, and the reduced ** shall be the reserve price.
Second, the second auction auction.
After the second auction by the auction house, whether it is movable or immovable property, the applicant can repay the debts of the family according to the subject matter of the auction ** after the second auction.
if they do not agree to accept it, the movable property of the draft will not be auctioned; Within 60 days of the second auction of the property, a third auction can take place.
If the applicant does not accept the movable property, the subject matter shall be returned to the person subject to enforcement and the seizure shall be lifted.
Thirdly, the third auction auction.
After the third auction by the auction house, the applicant can auction ** to receive the subject matter of the real estate to pay off the debt.
If the applicant does not agree to take over the real estate, the court shall issue a "sale" announcement within 7 days after the auction is completed.
If the applicant is still not satisfied after more than 60 days, the real estate shall be returned to the person subject to enforcement and the sealing or seizure shall be lifted.
Legal basis: Article 8 of the Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Courts states that the reserve price of the auction shall be determined by the people's court with reference to the appraisal price; If it is not assessed, it shall be determined with reference to the market **, and the opinions of the relevant parties shall be solicited. The reserve price determined by the people's court shall not be less than 80% of the first auction** appraisal or market price; At the time of the auction, the reserve price may be lowered at its discretion, but the amount of each reduction shall not exceed 20% of the previous reserve price.
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Legal Analysis] If the real estate court cannot be auctioned, the applicant for enforcement can accept the property at the reserve price, and can directly obtain the property to pay off the debt. In real life, the people's court will enforce the debtor's property to pay off the debt, and there are many ways to enforce it, if it is a house, the house will generally be auctioned, and the value obtained will be used to pay off the debt. According to the provisions of the relevant laws of our country, the people's court will conduct three auctions of the property to be auctioned, if the three auctions are unsuccessful, the house will be handed over to the creditor, if the creditor refuses to accept it, the court will make a sale announcement, and the person subject to enforcement will be returned if the property is not purchased.
Legal basis] Provisions of the Supreme People's Court on the Auction and Sale of Property in Civil Enforcement by the People's Cloth Chain Court》 Article 19 Where there is no bidder at the auction or the bidder's highest bid is lower than the reserve price, and the applicant for enforcement or other enforcement creditors present apply for or agree to accept the auctioned property at the reserve price set in the auction, the property shall be handed over to him to pay off debts. If there are two or more enforcement creditors who apply to use the auctioned property to settle the debt, the creditor's rights with the priority of statutory repayment shall be borne first; If the order of compensation is the same, the recipient shall be determined by drawing lots. If the amount of the creditor's rights to be repaid by the assignee is less than the value of the debtor's property, the people's court shall order it to make up the difference within the specified period.
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According to the law, when the property of the person subject to enforcement is auctioned in a judicial auction, the procedure is one auction, two auctions, and sale, of which the price of the first auction can be reduced by up to 30%, and the second auction can be reduced by up to 20%, and the price is not reduced. If the applicant still does not accept it at this time, the court will unseal the subject matter and return it to the person subject to enforcement, because for the applicant, this thing is worthless, and the court will not compare and dispose of the things that the applicant thinks are worthless.
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 If there is no bidder at the auction or the bidder's highest bid 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 the debt. 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.
Article 28 The people's court may, in accordance with the provisions of Article 19 of these Provisions, hand over the immovable property or other property rights that are still unsold in the second auction to the person applying for enforcement or other enforcement creditors to pay off debts. If the applicant for enforcement or other enforcement creditors refuse to accept or fail to deliver their debts in accordance with law, the third auction shall be conducted within 60 days.
If the third auction fails and the applicant for enforcement or other enforcement creditor refuses to accept or cannot accept the immovable property or other property rights for repayment in accordance with law, the people's court shall issue a notice of sale within 7 days from the date of the conclusion of the third auction. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of the announcement, and the applicant for enforcement or other enforcement creditors still do not express their acceptance of the property for debt payment, the sealing or freezing shall be lifted and the property shall be returned to the person subject to enforcement, except where other enforcement measures may be taken against the property.
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Summary. Hello, you can get a refund, but you can't get the deposit. There is also the fact that you are not allowed to participate in the auction in the future, and you will be judged as a troublemaker, pro.
Hello, you can get a refund, but you can't get the deposit. There is also the fact that you are not allowed to participate in the auction in the future, and you will be judged as a troublemaker, pro.
It was the foreclosure agent who raised the price of the auction, and they borrowed a deposit of 200,000 yuan. What do I do next?
**It's high, you can't do it, this auction, hello, it is recommended that you can negotiate with the person in charge of the auction first. Kiss.
How to negotiate? Detailed advice Is it a person from the court or an intermediary?
Hello, if you are through an intermediary, you will find an intermediary, and if you are a court, you will go directly to the court. How much money are you paying now. Kiss.
is through an intermediary. I paid a service fee of 30,000 yuan to the intermediary, and the court's 200,000 yuan deposit was borrowed from the intermediary to the court.
You add up to a total of 230,000 yuan, and there was one before because the house price was high, he only paid a deposit of 50,000 yuan, which is not as high as yours, and the intermediary told him that he could give the court to come back, and you will discuss this with the intermediary. Kiss.
Is it true that they don't negotiate and say that they will go through the judicial process?
Hello, they said that the lawsuit may be true, you signed a contract for them, and they will sue if they encounter an intermediary. Kiss.
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