What should I do if I find that the house has been sealed up and the house has been sealed up by the court? Understand why it is sealed and then unsealed. However, the whole unsealing process may be troublesome, time-consuming and laborious, and you can seek a third-party company to handle it.
House unsealing process:
1, the court case handlers show valid law enforcement certificates to the land and real estate departments;
2 legal documents submitted to the court to unseal the property;
3, land and real estate departments according to the information submitted by the court, unsealed.
The house has not been sealed up by the court. How to implement the court's execution objection? According to "Provisions of the Supreme People's Court on Several Issues Concerning People's Courts Handling Cases of Objection Reconsideration" (adopted at the1638th meeting of the Supreme People's Court Judicial Committee on February 29th, 20/4).
Article 29? In the execution of monetary creditor's rights, if the buyer raises an objection to the commercial house registered under the name of the real estate development enterprise under execution, the execution of his other rights may be ruled out and the people's court shall support it:
(a) the people's court has signed a legal and effective written sales contract before the seizure;
(2) The purchased commercial house is a residence, and there is no other residence under the name of the buyer;
(3) The paid price exceeds 50% of the total contract price.
What should I do if the house is sealed up by the court when I decompress it? 1. Did you buy this house after the court sealed it up, or did you buy it before it was sealed up?
Second, if the property is bought for you after being sealed up, then the house sales contract is invalid, because it is illegal or even criminal for the seller to illegally dispose of the sealed-up property. The seller may be required to bear the liability for breach of contract.
3. If it was bought for you and sealed up by the court: Article 16 If the person subjected to execution sells his property to a third party, and the third party has paid part of the price and actually occupies the property, but the person subjected to execution retains the ownership according to the contract, the people's court may seal up, detain and freeze it; If the third party requests to continue to perform the contract, it shall make an order to lift the seal-up, seizure and freezing after paying all the balance to the people's court within a reasonable period of time.
Article 17 If the person subjected to execution sells all his 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 possessed the property, but has not registered for transfer, the people's court may seal up, detain and freeze the property; The people's court shall not seal up, detain or freeze a third person who has paid the full price and actually possessed it, but has not gone through the transfer registration formalities, and the third person is not at fault.
You can ask to terminate the contract.
If it is bought for you after the house is sealed up, then the house sales contract is invalid and you can claim to terminate the contract.
The property is subject to the property certificate, so this house does not belong to you yet. If it is implemented, you can get the house payment back.
What should I do if the house is sealed up by the court during the transfer? The house was sealed up by the court because of the unfulfilled obligations determined by the court judgment or other enforcement documents.
The court can not only seal up the house, but also auction or sell the house to fulfill the effective legal documents.
If the seizure is to be lifted, it is necessary to fulfill the obligations stipulated in the effective legal documents according to the notice of the court. Otherwise, the court will not lift the seizure.
What should I do if I buy a house sealed up by the court? The seller may be required to bear the liability for breach of contract.
3. If it was bought for you and sealed up by the court: Article 16 If the person subjected to execution sells his property to a third party, and the third party has paid part of the price and actually occupies the property, but the person subjected to execution retains the ownership according to the contract, the people's court may seal up, detain and freeze it; If the third party requests to continue to perform the contract, it shall make an order to lift the seal-up, seizure and freezing after paying all the balance to the people's court within a reasonable period of time.
Article 17 If the person subjected to execution sells all his 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 possessed the property, but has not registered for transfer, the people's court may seal up, detain and freeze the property; The people's court shall not seal up, detain or freeze a third person who has paid the full price and actually possessed it, but has not gone through the transfer registration formalities, and the third person is not at fault.
What should I do if I buy a house sealed up by the court? According to the provisions of Article 37 of the People's Republic of China (PRC) Urban Real Estate Management Law, the real estate sealed up by the people's court, whether it is the real estate sealed up by the people's court with property preservation measures or the real estate sealed up by the people's court, may not be transferred.
If the parties transfer the real estate without authorization, or the real estate property registration authority handles the transfer registration for the parties without the consent of the people's court, it is an illegal act in violation of the provisions of the Civil Procedure Law of People's Republic of China (PRC) and will be subject to judicial sanctions. At the same time, the transfer will be confirmed invalid because it violates the law. ......
Can the house be sold before the court seals it up? Yes, before being sealed up and frozen, the normal sales of the house will not be affected, and the house can be sold.
Court auction procedures:
1. Go to the Housing Authority to seal up the property rights of the executed person.
2. Entrust an appraisal company to appraise the house value.
3. After the evaluation results come out, determine the auction floor price according to the evaluation value.
4. Entrust the auction company to auction the house. Auction activities are organized and implemented by auction companies.
If the auction is completed, the court will make a ruling to determine the legal effect of the auction result.
6. If there is no bid or the auction fails, the court may reduce the price by 10-20% on the basis of the reserved price of the first auction and entrust the auction company to auction again.
7. If the second auction still fails, the court may auction at a reduced price on this basis. The house auction can be held up to three times.
What should I do if I have paid the purchase price and the house was sealed up by the court before the transfer? Introduction: Xiao Wang talked about a girlfriend after work. The two sides have a good relationship and are going to get married on May 1 next year. In order to prepare for the wedding room, Xiao Wang looked at the house in many ways. After the introduction of the intermediary, I took a fancy to a small apartment, low total price and finely decorated house in the urban area, with high cost performance. The landlord said he could hand over the house at any time, but he needed money badly. He hopes that Wang can pay in one lump sum. After repeated comparisons, Xiao Wang felt that the house was more cost-effective, so he borrowed money from relatives and friends, raised the house money and delivered it to the seller, moved into the house, and went to the trading center with the seller to handle the property transfer procedures. Just when Xiao Wang was looking forward to a happy life in the future, he received a notice that the real estate trading center would not handle the transfer registration. It turned out that the house was sealed up by the executive court when the seller was in arrears, which made it impossible for the trading center to handle the transfer procedures. Xiao Wang panicked and asked our lawyer how to deal with it. Lawyer's answer: Xiao Wang's situation belongs to the typical situation that the house was sealed up before the transaction transfer, which made it impossible to apply for the title certificate. In this case, if the buyer Xiao Wang meets the requirements of objection application, he can file an objection application with the enforcement court, requesting to stop the execution of the house and lift the seizure, and then go through the property transfer formalities with the seller. According to Article 17 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution of People's Courts, if the person subjected to execution 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 occupies the property, but has not gone through the formalities of property right transfer, the people's court may attach, detain and freeze it; The people's court shall not seal up, detain or freeze a third person who has paid the full price and actually possessed it, but has not gone through the transfer registration formalities, and the third person is not at fault. In this case, Xiao Wang has actually paid all the purchase price, and actually moved into the house, and went through the transaction transfer application procedures with the seller, but failed to transfer due to the seizure by the enforcement court. Xiao Wang is not at fault because he has not gone through the transfer registration formalities. Therefore, Xiao filed an application for seizure objection, requesting the court to stop the execution of the house involved and lift the seizure. Xiao Wang accepted the lawyer's suggestion and filed a written application to the enforcement court for sealing up the objection. After examination, the court accepted Xiao Wang's application and lifted the seizure of the house involved. Xiao Wang finally got the dream real estate license smoothly.
My house was sealed up and auctioned by the court. What should I do? In civil disputes, the parties' houses are often sealed up by the court according to law because of economic disputes with others. During the seizure of the property, the parties no longer enjoy the right to use the property, which brings a lot of inconvenience to their lives and real estate transactions. So what should we do when our house is auctioned? Seizure will be carried out under different circumstances, generally including litigation preservation stage, litigation stage and execution stage. From the beginning of filing a case to the execution stage before enforcement, you can continue to live, but you can't live in the enforcement stage. As for whether to enforce it, the law clearly stipulates that the only ordinary house in the family is not allowed to be enforced. Of course, the court will continue to seal it up. The main disposal method of enforcement is auction. If the house is auctioned by the court, as the executor, he should move out of the house in time. According to Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Cases of Refusing to Execute Judgments and Rulings, refusing to move out of the house or land, which makes the judgments and rulings unenforceable, belongs to the crime of refusing to execute judgments and rulings "there are other circumstances that can be enforced, and the circumstances are serious", which will constitute the crime of refusing to execute judgments and rulings. Legal basis: Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Refusing to Execute Judgments and Ruling Criminal Cases. A person who has the obligation to execute has the ability to execute, and if he commits any of the following acts, he shall be deemed as "having the ability to execute and refusing to execute" as stipulated in Article 313 of the Interpretation of Criminal Law of the NPC Standing Committee, and other circumstances with serious circumstances: (1) Refusing to report or falsely reporting property, violating the people's court's restrictions on high consumption and related consumption orders, etc., and being fined. (2) Forging or destroying important evidence about the performance ability of the person subjected to execution, preventing others from testifying or instigating, buying or coercing others to commit perjury by means of violence, threat or bribery, and preventing the people's court from finding out the property of the person subjected to execution, so that the judgment or ruling cannot be executed; (3) refusing to deliver the property and tickets determined by legal documents, or refusing to move out of the house or land, which makes the judgment or ruling unenforceable; ...