Will the court auction the mortgaged property?

With the development of economy and social progress, people's ideology and consumption concept are updated, and the situation of borrowing money from banks for investment and consumption with property as collateral is increasing day by day. When the mortgagor is involved in the execution of the case due to other disputes, how to execute the mortgaged property? It has become a new problem facing the current implementation work. [Case] In August 2003, an installation company in Shandong Province signed a construction contract with a technology development company in Dongying City, stipulating that an installation company would be responsible for the construction of a two-story H-beam composite board house in a technology development company in Dongying City, with a project cost of 380,000 yuan and a construction period of 26 days. After signing the contract, an installation company in Shandong fulfilled its contractual obligations as scheduled and purchased some materials on behalf of the technology development company, but a technology development company in Dongying defaulted on the project payment 10 139 1.25 yuan. The installation company appealed to Dongying District People's Court, requesting to order Science and Technology Development Co., Ltd. to pay overdue project funds and bear liquidated damages. After trial, Dongying District Court held that Science and Technology Development Co., Ltd. defaulted on the project payment without any reason, and ruled that Science and Technology Development Co., Ltd. should pay the project payment 10 139 1.25 yuan to the installation company within ten days after the judgment came into effect, and pay a penalty of 6,000 yuan. After the judgment came into effect, Science and Technology Development Co., Ltd. failed to fulfill its repayment obligations within the time specified in the judgment. On June 24, 2007, the installation company applied to the Dongying District People's Court for enforcement, and the court filed a case after examination. [Execution] After the case entered the execution procedure, the Dongying District Court served the execution notice and summons to the Science and Technology Development Co., Ltd. according to law, but the Science and Technology Development Co., Ltd. did not automatically fulfill its payment obligations within the court period. During the execution, the court found out that the technology company owned a property, but the property had been mortgaged to a bank by the executor, and the repayment obligation was fulfilled as promised. Upon the application of the executor, our hospital sealed up the property according to law. In this case, can the court auction the property to pay off the debt? [Analysis] Now more and more houses are mortgaged to banks. Can these mortgaged houses be sealed up for auction? There are different understandings of this in practice. I will focus on the following two issues in combination with the above cases. 1. Can the installation company apply to the court to seal up the other party's house? The answer is yes. Article 92 of the Civil Procedure Law stipulates: "If the judgment cannot be executed or is difficult to be executed due to the behavior of one party or other reasons, the people's court may order property preservation according to the application of the other party." In practice, as long as the applicant applies for and provides a guarantee, the court will generally decide to seal it up. Second, can the installation company apply for the execution of the other party's house? Because the house of a technology development company in Dongying City is mortgaged to the bank, it is repaid on schedule every month, and there is no breach of contract. Can the installation company, as a general creditor, apply to the court for auction of the house? Article 40 of "Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (for Trial Implementation)" stipulates: "The people's courts may take measures to seal up or detain the property that others enjoy the mortgage, pledge and lien. The proceeds from auction and sale of property shall be used to pay off the creditor's rights of the applicant executor after the mortgagee, pledgee or lien holder have priority in compensation. " According to this provision, the applicant has every right to request the auction or sale of the house. Is it necessary to get the consent of the bank? There is no provision in the law, but the mortgagee must be informed, because Article 49 of the Guarantee Law stipulates: "During the mortgage period, if the mortgagor transfers the registered mortgaged property, it shall notify the mortgagee and inform the transferee that the transferred property has been mortgaged; If the mortgagor fails to inform the mortgagee or assignee, the transfer is invalid. " According to Article 6 of the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution by People's Courts: "The people's court may attach the residence necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts." The house in this case does not belong to the above-mentioned house, and the court can completely auction the house. To sum up, the court can auction the house of a technology development company in Dongying according to the Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts, and the proceeds will pay off the bank loan first, and then pay off the creditor's rights of an installation company.