1. The mortgagee and the mortgagor agree to discount the collateral or give priority to compensation with the price of auction or sale of the collateral.
2. The mortgagee may apply to the court to realize the security interest and request the people's court to auction or sell the collateral.
3. realize the mortgage right through court proceedings.
The provisions of the civil procedure law on the way to realize mortgage;
Article 196 An application for the realization of a security interest shall be made by the holder of the security interest and other persons who have the right to request the realization of the security interest in accordance with laws such as the Property Law, to the place where the security property is located or the place where the security interest is registered.
Article 197 After accepting the application, the people's court, after examination, decides to auction or sell the secured property, and the parties may bring a lawsuit to the people's court according to the ruling. If it does not meet the statutory requirements, the application shall be rejected by ruling, and the parties may bring a lawsuit to the people's court.
The provisions of the Property Law on the way to realize mortgage;
Article 195 If the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or give priority to compensation with the price of auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, other creditors may request the people's court to cancel the agreement within one year from the date when they know or should know the reasons for cancellation.
If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property.
Extended data:
According to the laws of our country, the realization of mortgage must meet the following four conditions:
(1) Mortgage must exist effectively. If the mortgage is invalid or has been revoked, it cannot be realized.
(2) It must be that the debtor's performance period expires. Whether the time limit for the debtor to perform the debt expires is the time standard for determining whether the debtor performs the debt.
(3) The creditor has not been paid off. The creditor has not been paid off at the expiration of the debt performance period, indicating that the debtor has not fulfilled its obligations on time. No matter whether the debt is delayed or refused to be performed, the creditor can exercise the mortgage right to pay off the creditor's rights.
(4) Outstanding debts are not caused by creditors. Only when the debtor fails to pay off the debt and the creditor is not paid off can the mortgagee exercise the mortgage right. If the creditor fails to pay due to his own reasons, the mortgagee cannot exercise the mortgage right.
Baidu encyclopedia-mortgage