The people's court may seal up, detain and freeze the property owned by the person subjected to execution and others, and notify the property owner in time.
* * * If someone agrees to divide all the property of * * * and it is approved by the creditors, the people's court may consider it valid. The effectiveness of sealing up, distraining and freezing after the division of the agreement and the property enjoyed by the person subjected to execution; The people's court shall make an order to lift the seizure, seizure and freezing of other property that enjoys the share.
* * * If someone brings a property analysis lawsuit or applies for the executor to bring a property analysis lawsuit by subrogation, the people's court shall allow it. Litigation during the suspension of property execution.
According to "Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auction of People's Courts", when people's courts dispose of property by auction, they should adopt online judicial auction, except that laws, administrative regulations and judicial interpretations stipulate that it is necessary to dispose of property by other means, or it is not suitable to adopt online auction.
First, start the auction:
The preparation before the auction should be said to be the most critical step in the whole process, and it is necessary to have a comprehensive understanding of the subject matter of the auction, so as to have a clear mind when bidding in the auction and have a greater probability of success in the auction.
(1) Look at the updated subject matter of Taobao judicial auction every day (in chronological order) until you find a house that meets your needs in all aspects.
(2) After the target object is determined, it is generally necessary to do the following things to start to fully understand the situation:
1. Remember to go to the site to check the house condition according to the specific date of on-site house inspection published on the auction website. It is suggested to make a field survey of the surrounding environment of the community before this.
2. Go to the Housing Authority or the real estate registration center to inquire about the current property rights, seizure, mortgage, property rights registration and other information of the house. With this information, you can basically know how much tax you need to pay. )
If you need to settle down, you can check whether the house has an account, but it doesn't matter. Now as long as there is a property right certificate, no matter whether the original owner's account has moved or not, it can be settled normally.
4. If it is a school district, you should know your student status and occupation.
5. Log on to China Judgment Document Network and search for the name of the person subjected to execution. You can refer to the contents of court judgment documents to find out the reason why the original owner was seized. (In addition, confirm whether the property is sealed up by the court for the first time or waiting to be sealed up. )
(3) Confirm the source of auction funds. Generally, if a house is auctioned by judicial auction, if a one-time payment is needed, the commercial or provident fund loan can only be processed after the transfer is completed (it takes about 2-3 months), so the source of funds needs to be carefully considered for the full purchase.
Second, start the auction.
(a) pay a deposit, this deposit need not be paid in advance, as long as the auction is not over at the last minute, there is no problem.
(2) auction bidding. It is suggested to discuss the highest price of an auction with your family before the auction, so as not to be too excited and exceed expectations.
Three. Payment after auction:
After the auction is successful, the first thing to do is to call the court contact, and they will tell you the next step.
(1) After the auction is successful, call the court contact, and they will ask you whether it is full payment or loan. If paid in full, it usually takes three weeks. If it is a loan payment, you need to contact the bank yourself and pay the down payment next week.
(2) You have a week to choose whether to use the full amount or the loan. This week, you need to contact as many banks as possible to understand their loan policy for judicial auction houses. One of the key contents that need to be understood is the auction loan interest rate and the loanable amount. If commercial loans or provident fund loans are repaid in full, you can also know the interest rate and loanable amount of commercial loans by the way. Generally speaking, commercial banks are more favorable than state-owned banks in terms of loan amount and interest rate, and lend faster.
(3) In addition to the judicial auction loans provided by banks, commercial loans and provident fund loans can only be handled after full payment and transfer, and the loan evaluation price of provident fund is relatively low.
(4) If the auction money is paid within the payment date stipulated by the court, the court will confirm the auction transaction (hand over the house key). Then wait for the notice to receive the ruling, and you can go to the transfer after receiving the ruling.
Four. Transfer matters:
You can go to the real estate center to handle the transfer with the auction confirmation and execution ruling given by the court. Before the handover, you should go to the archives to inquire about the court's unsealing, and you must unseal it before you can handle it.
Handle the transfer process:
(1) Print the ownership certificate in the real estate registration file, and the sealed status shows that it has been unsealed, otherwise the transfer cannot be handled.
(two) to the transaction window for housing transactions for the record, issued a tax contact form.
(three) to the real estate registration window for registration.
(4) Pay the corresponding tax in the tax payment window, and you can use UnionPay credit card.
(5) After paying the tax, submit the materials to the real estate registration window, and then wait for the notice, usually 10 working days.
(6) After receiving the SMS notification, get the real estate license and pay a little fee.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 25 1 of the Civil Procedure Law
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
Article 254
After the property is sealed up or detained, the executor shall order the person subjected to execution to perform the obligations specified in the legal documents within a specified time limit. If the person subjected to execution fails to perform within the time limit, the people's court shall auction the sealed-up or distrained property; If it is not suitable for auction or both parties agree not to auction, the people's court may entrust the relevant units to auction or auction on their own. Articles prohibited by the state from trading freely shall be handed over to the relevant units for purchase at the price stipulated by the state.