Whether the house can be seized if it has not been transferred after the transaction

Whether the house can be seized without transfer of ownership should be based on whether the property belongs to the property of the person subject to enforcement, and the corresponding evidence should be obtained.

In accordance with the provisions of the "Notice on Several Issues Concerning the Regulation of Enforcement by the People's Courts and the Assistance of the Land and Resources and Real Estate Management Departments in Enforcement".

6. Where the land use right and the ownership of the house belong to the same right holder, the people's court shall seal them up at the same time; Where the ownership of the land use right and the ownership of the house are inconsistent, the land use right or house in the name of the person subject to enforcement shall be sealed.

7. When the registered person (outsider) acknowledges in writing that the land or house is actually owned by the person subject to enforcement, the enforcing court may take measures to seal the land or house registered in the name of a person not involved in the case. If the registered person denies that the land or house belongs to the person subject to enforcement, and the enforcing court or the person applying for enforcement believes that the registration is false, the party concerned shall file a separate lawsuit or go through other procedures to revoke the registration and register it in the name of the person subject to enforcement before taking measures to seize it.

8. For the seizure of land use rights or houses obtained by the person subject to enforcement as a result of inheritance, judgment or compulsory enforcement, but the transfer registration has not yet been completed, the enforcing court shall submit to the land resources and real estate management departments the inheritance certificate, the effective judgment or enforcement ruling on which the person subject to enforcement obtains the property on which the property is based, and the land resources and real estate management departments shall handle the registration of the seizure after completing the transfer registration formalities.

9. Where the land resources and real estate management departments have already accepted an application for registration of the transfer of land use rights or houses by the person subject to enforcement, but have not yet approved the registration, the people's court may carry out the sealing, and where the registration has already been approved, the sealing must not be carried out. There are two situations in which a contract is signed: one is that it must go through the formalities of approval and registration in accordance with the law before it takes effect, and the time for confirming the effectiveness of the contract is to go through the formalities.

Second, once the contract is signed by both parties, it immediately has legal effect, and the contract itself does not need to be approved or registered.

What is the effect of not closing the ownership of the house after the sale?

Legal analysis: Before the house is seized by the court, the property right is registered in the name of the seller, and the buyer also has civil rights and interests sufficient to exclude enforcement, but the following points need to be noted: the house purchase agreement needs to be provided; Proof of payment.

Evidence such as receipts, repayment commitments, bank transaction details for bank withdrawals and transfers, etc.); whether the house is mortgaged; Whether or not there is actual possession, water and electricity payment invoices or lease contracts are indirect evidence.

Legal basis: Article 215 of the Code of the People's Republic of China Article 215 A contract between the parties concerning the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, the validity of the contract shall not be affected.

Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Legal analysis: If the court has not sealed it, it can go through the procedures for the transfer of ownership of the house, and it can also go through the transfer procedures.

Legal basis: Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;

2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;

3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;

4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;

5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;

6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law

Criminal Procedure Law of the People's Republic of China" Article 234: Public security organs, people's procuratorates, and people's courts shall properly keep the property of criminal suspects or defendants and their fruits that have been sealed, seized, or frozen, for verification, and make a list and transfer it with the case. No unit or individual may misappropriate it or dispose of it on its own. The lawful property of the victim shall be promptly returned.

First of all, according to Article 17 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Court, if the person subject to enforcement sells all the property that needs to be registered for transfer to a third party, and the third party has paid part or all of the price and actually takes possession of the property, but has not yet gone through the transfer registration formalities, the people's court may seal, seize or freeze it; Where the third party has already paid the full price and is in actual possession, but has not gone through the formalities for the transfer of ownership, the people's court must not seal, seize, or freeze the third party if the third party is not at fault for this. Therefore, if the person subject to enforcement sells all his houses to an outsider, even though the outsider has paid the full price and actually takes possession of the house, the people's court may still seal up and enforce the house if the outsider is at fault for failing to go through the transfer registration formalities.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

2. Will the preserved house be divided among other debtors?

The house to be preserved will not be divided by other debtors, but may be divided by other creditors, such as the mortgage, when the mortgage is executed early, the mortgagee has the priority to be repaid.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 157:People's courts may employ property preservation measures against mortgages, pledges, or liens, but this does not affect the mortgagee's, pledgee's, or lienholder's priority right to be compensated.

Provisions of the Supreme People's Court on the Civil Enforcement of Lu Yuqin's Assets by the People's Courts

Article 19: Where the person subject to enforcement purchases the property of a third party that needs to be registered for transfer, has already paid part or all of the price and actually takes possession of the property, and although the formalities for the transfer of property rights have not been completed, the person applying for enforcement has already paid the remaining price to the third party or the third party agrees that the remaining price will be paid in priority from the sale price of the property, the people's court may seal, seize, or freeze it.

If the house that has not been transferred is sealed, a written objection to the execution of the seized house may be raised to lift the enforcement of the seizure under the following circumstances: 1. A legal and valid written sales contract has been signed before the seizure or the immovable property has been legally occupied before the seizure; 2. The full price has been paid, or part of the price has been paid according to the contract and the remaining price has been delivered for execution in accordance with the requirements of the people's court; 3. The buyer has not completed the transfer registration due to reasons not attributable to the buyer.

[Legal basis].

Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts provides that in the enforcement of monetary claims, if the buyer raises an objection to the immovable property registered in the name of the person subject to enforcement, the people's court shall support it if the following circumstances are met and its rights can be excluded from enforcement: (1) a legal and effective written sales contract has been signed before the people's court seals it up; (2) The immovable property was lawfully in possession before it was sealed by the people's court; (3) The full price has been paid, or part of the price has been paid in accordance with the contract and the remaining price is delivered for enforcement in accordance with the requirements of the people's court; (4) Failure to complete the registration of the transfer of ownership for reasons not attributable to the purchaser. The purchaser may raise a written objection to the enforcement of the subject matter of enforcement, and if the above circumstances are met, the court shall rule to suspend the enforcement of the subject matter.