1. Can the only house be auctioned?
Of course. Many people who are executed think that they only have one set of housing, and the court will not dispose of the only housing. According to the law, it is necessary to reserve five to eight years of house rent. For example, in the case that Beijing Financing Guarantee Co., Ltd. handled by Mentougou Court applied for execution on behalf of a certain person, after the house auction was completed, more than 200,000 yuan of house rent was reserved for the executed person from the auction money.
2. How to deal with the right burden (mortgage, lease right) of the disposed property?
Set up a rental house. For the leased property that has been auctioned, in the execution procedure, the enforcement court will conduct a substantive review of the leased property before the auction. If the lease contract is signed before the seizure and the rent has been paid, in this case, the lease right can be protected, that is, the provision of "sale does not break the lease" can be applied.
A court in Shanghai has made a practical exploration of the specific identification criteria, that is, a lease contract has been signed before the seizure, the lessee has paid the rent, and the lessee has actually occupied the house. Faced with this problem, the Mentougou court in Beijing will go to the property company or neighborhood Committee for investigation and inquiry in practice. Some residential property companies or neighborhood committees have a certain understanding of the tenant's situation and can provide housing rental fairly. In the case of an industry and trade company applying for execution by a construction company, the commercial premises under the name of the construction company were rented out before being sealed up, and were clearly publicized in the auction announcement after being identified. After the auction is completed, the enforcement court shall be responsible for the docking between the lessee and the bidder, and perform according to the original lease contract. After the contract is fulfilled, the court will assist the bidder to vacate the house.
A house with a mortgage Mortgage is a kind of security interest. In order to ensure the realization of creditor's rights, creditors often go to the real estate registration department for mortgage registration. After the property is realized, the mortgage right shows the priority of compensation. According to the law, there is a grace period of six months. In the case of Tao's application to execute Zhao, because the house was mortgaged and the executor did not have a second house, a grace period of six months was given after the auction was completed and the transfer was handled.
3. Delivery by the auction house
After the auction of real estate is completed, there are no legal reasons (legal reasons are generally: effective lease, six-month grace period, etc.). ), the enforcement court is responsible for delivering the auctioned house to the bidder. However, there are some extreme cases in practice, such as the actual owner of the house threatening for special reasons and requiring the court to do a lot of work to complete the delivery. However, there are also cases where the person subjected to execution refuses to deliver the goods, and the court needs to start the compulsory vacating procedure, post the notice of compulsory eviction, and find the revolving room.
In a case where a bank applied to execute a furniture decoration company, after the house was auctioned, the executed person and the actual controller refused to deliver the house, and the house was destroyed. After the judge did a lot of legal interpretation work, he finally succeeded in handing over the house by means of compulsory retirement.
The people's court is also exploring the delivery of auction houses. For example, Daxing court has a special auction team responsible for the whole auction process, including vacating the house; The First People's Court of Zhongshan City assigned the enforcement work to the bailiff team according to the idea of "specialization of decision-making affairs, socialization of auxiliary affairs and policing of compulsory affairs". Guangdong Higher People's Court issued opinions on house delivery after auction.
However, the actual situation is still very complicated. If a non-financing guarantee company applies for execution of a case, the house to be auctioned will be occupied by the executed person and his family. The family's situation is that the mother of the executed person has cancer and is over 80 years old. Although one of the children of the executed person is an adult, she is mentally disabled and physically disabled. It is difficult to vacate the house after the auction in this situation. Anyone who intends to bid for the auction of houses by the court must weigh the pros and cons in advance.
Problems that bidders should pay attention to in housing bidding; Read the auction announcement and the auction process. In terms of announcement, it mainly depends on the defects of the house. The court organizing the auction will clearly mark the defects of the auction target on the auction announcement. As an interested bidder, he should weigh the interests and decide whether to buy after he has enough understanding of the defects of the auction target.
The defects of the auction target include: there is a legal mortgage, and there is a six-month grace period for vacating the house according to the law; If there is a legal lease right, it is impossible to vacate the house within the lease right period to be tolerated; In practice, houses are actually occupied and occupied. Bidders should have enough knowledge about this and can immediately deliver the house to the auction house without completing the transfer. Such housing defects will be introduced in detail in the auction announcement, so be sure to read them carefully. In addition, the auction platform will disclose the specific auction process in detail on the platform. For issues such as how to auction and how to pay the deposit, you can read the specific auction process on the platform.
At present, some courts will outsource sampling inspection, and some courts will organize sampling inspection in person. The information published in the auction announcement is not as vivid and vivid as it actually looks, which is what we usually call personal experience.
According to the previous inquiry, reading and sample reading, we should think rationally before deciding whether to buy. After the auction, the court can't support the regret auction on the grounds of "not thinking well" and "family disagrees". In addition to temporarily refusing to refund the deposit, the court will also admonish it. If it is deemed as malicious repentance, the relevant personnel can be detained and fined according to law.
Basic situation and general process of online judicial auction of real estate Since Mentougou Court began to dispose of property through online judicial auction in 20 16, in the past three years, 337 pieces of executed property have been disposed through online judicial auction, with a turnover of 2 108 yuan and a premium rate of 109.52%. Among them, 88 properties were auctioned, with 52 transactions, with a turnover of 208 million yuan. There are 18 people because they saw the auction announcement of their houses on the Internet, and fulfilled the obligation of effective documents before the official sale, and successfully fulfilled the applicant's right to win the case.
Online judicial auction has the advantages of openness, transparency, convenience, high efficiency, low cost and wide participation. Compared with ordinary movable property and traditional auction methods, online judicial auction involving real estate has the following characteristics:
First, the value of real estate is large, the transaction rate is high, and the value of the property of the executed person is maximized. 20 16 up to now, the turnover rate of online judicial auction of movable property by Mentougou court is 42%, with a turnover of 9 10/00000 yuan, and the turnover rate of auction of real estate is 59%, with a turnover of 208 million yuan. Generally speaking, the auction amount of ordinary movable property ranges from several tens of thousands. For some large cases ranging from hundreds of thousands to millions, even if the movable property is successfully disposed of, it is difficult to fulfill all the rights and interests of the applicant.
Compared with ordinary movable property, real estate has high value and high transaction rate. After the successful disposal of the property, it means that the applicant can get more money. Auction of real estate through online platform is an effective means to improve the efficiency of property disposal and protect the legitimate rights and interests of the parties. In addition, due to the huge value of real estate, if it is disposed of according to law, it can also form an effective deterrent to the executed person, effectively play the role of compulsory measures, and urge the executed person to fulfill his obligations as soon as possible.
Second, the auction process is open and transparent, the transaction is safe, and the interests of bidders are maximized. Compared with traditional auction methods, online judicial auction relies on the Internet platform, and the whole auction process is open and transparent from information announcement, auction to transaction confirmation. Applicants, executors, bidders and the public can browse the auction information and transaction information of real estate through third-party platforms.
Especially for the details of the real estate involved in the auction, as well as questions related to the auction process and procedures, you can also get answers by consulting the third-party auction platform or the court. In addition, on the day of auction, bidders can know the bids of other bidders in real time on the auction platform, so as to choose transactions more reasonably.
Third, after the successful auction of real estate, the transfer procedures are complicated, and some houses are difficult to vacate. After a successful transaction, ordinary movable property can be delivered directly. After the real estate auction is successful, the bidder needs to go to the relevant institutions to handle the transfer in person; When handling the transfer procedures, there are many kinds of housing transfer fees and taxes, such as land value-added tax, deed tax, transfer fees and property fees, water and electricity related to real estate, etc., which requires bidders to have a certain understanding of the taxes involved in housing transfer; In some cases, there will also be cases where the executor lets the elderly or children live in the house, which makes it difficult to vacate the house, or the auctioned property involves the only house of the executor, and the executor refuses to vacate the house by violent means and does not cooperate with the property disposal work. Even if the transaction is completed and the transfer is completed, it is still difficult to vacate the subsequent rooms.
In order to give full play to the role of judicial online auction of real estate and protect the legitimate rights and interests of applicants, executors and bidders, we have taken the following measures to smooth the workflow of judicial online auction of real estate, strengthen the standardization and standardized management of work, and effectively solve the problems that affect the efficiency of auction houses such as vacant and delivery:
The first is to exhaust the measures of investigating information to ensure the integrity and accuracy of the real estate information involved. Before the house auction, make a detailed investigation on the houses involved, including but not limited to the ownership, rights burden, possession and use, unpaid taxes and fees, quality defects and other matters.
The second is to enrich the publicity means of racquet and improve the exposure of the houses involved. Make good use of traditional channels such as Beijing court network and litigation assets network to issue auction announcements. At the same time, the information of the auctioned houses will be released and made public on the official platforms of Mentougou Court, such as Weibo, WeChat and Tik Tok. The auction items of centralized auction will be planned and publicized regularly, and publicized in the columns such as "When the rule of law is in progress", so that more bidders can understand the relevant information of the property involved.
Third, the court participated in the whole process and successfully handled the property transfer procedures. In order to ensure the smooth connection of all aspects of the online judicial auction of real estate, the Executive Board of Mentougou Court in Beijing participated in the online judicial auction, from house seizure, information investigation, bargaining evaluation and auction announcement to online auction, transaction confirmation and transfer ruling, all of which were promoted and followed up by the executive judge or assistant judge. After the house is sold, if necessary, the court will also participate in and cooperate with the bidder when the bidder handles matters such as tax payment, property transfer, and vacant house of the executed person, and assist the bidder to complete the above work.
The fourth is to actively introduce professional forces to provide protection for racquet work. Cooperate with professional online judicial auction auxiliary service institutions, and the third party will send a special person to the Executive Board of Mentougou Court in Beijing to help the judge answer the bidder's inquiry, lead the bidder to look at the samples on the spot, provide information and other services, and provide better services for the bidder. under
In the process of handling enforcement cases, the people's court will investigate the property of the person subjected to execution according to law, and if it finds that the person subjected to execution has real estate, it will seal up the property at the real estate registration department to prevent the property from being transferred; At the same time, according to the law, it is necessary to post a notice of seizure at the home of the person subjected to execution for publicity; It is also necessary to conduct on-the-spot investigation and field investigation on the house to see whether the house is uninhabited, the residents' situation and whether there is a lease.
When the execution court seals up the property first, the court can start the property price confirmation procedure according to law. According to the current "Provisions of the Supreme People's Court on Several Issues Concerning the Determination of Reference Price of Property Disposal by People's Courts", both parties can negotiate on property; If negotiation fails, the enforcement court may make a directional inquiry; If the directional query fails, you can make an online query. At present, there are three online inquiry platforms, including Industrial and Commercial Bank of JD.COM.com, Taobao.com and China. After entering the relevant real estate information in the system, the three platforms will give the inquiry price according to the big data information, and the auction price will take the average of the inquiry price. Online inquiry is an effective way to confirm the reference price of property disposal because of its fast speed and low price. If the online inquiry fails, or if the parties agree to entrust the appraisal and the law requires it, the court will confirm the appraisal company by electronic lottery and ask the appraisal company to evaluate the property.
After determining the disposal price of real estate, 70% of the online inquiry or evaluation price shall be auctioned in accordance with the current legal provisions and auction policies. If an auction fails, it will be auctioned at a lower price of 20% on the basis of the previous reserve price. The Supreme People's Court has established a national database of Internet service providers, and the auction platform will be confirmed by the applicant and the executed person through independent consultation. The publicity period of real estate auction is one month. During this month's publicity period, interested bidders can consult the relevant situation of the house, and if possible, they can also see the model room under the organization of the court.
If a bidder intends to bid for real estate through online judicial auction, it is necessary to pay the deposit in accordance with the provisions of the auction announcement before or during the auction, and bid according to the process. Take a successful auction of real estate as an example. During the auction, five bidders bid for the property, and the highest bid was finally confirmed (with photos). In the online auction, the system sets an automatic delay of five minutes. If no one bids within five minutes, the auction is over. After the auction is completed, the final payment must be paid within the time specified in the announcement, usually ten days.
After the auction is completed and the final payment is paid, the enforcement court will issue an auction completion ruling, which is the material that the bidder needs to provide when handling the transfer. After the ruling is issued, the bidder can handle the transfer with the ruling and pay the relevant taxes and fees to the tax bureau according to the regulations.
The problem of physical delivery of houses faced by bidders after house transfer. According to the current auction policy, it is the responsibility of the executive court to deliver and vacate the house. After house auction, transfer and handover have always been the difficulties in court execution. Mentougou court in Beijing issued the method of retiring behavior cases, and adopted the "six-in-place work method" to ensure the smooth progress of retiring work from six aspects: preliminary preparation, risk assessment, implementation plan, coordination and linkage, case marking and resettlement guarantee.