After the auction house was auctioned, the executor refused to vacate the house? Learn these tricks and get it easily!

According to the Provisions of the Supreme People's Court on Several Issues Concerning Online Judicial Auction of People's Courts, the court shall be responsible for clearing and delivery. Under normal circumstances, the person subjected to execution or other occupiers continue to occupy and use the subject matter of execution after the expiration of the designated evacuation period issued by the enforcement court to the occupier. If the buyer brings a lawsuit for protection of property rights to the people's court with jurisdiction and requests to vacate, the people's court shall accept it according to law. So how do we rely on the power of the court to retire?

Forced flight step

The first step is to forcibly move out the execution object. The enforcement court shall issue a public announcement in time, order the person subjected to execution or other possessors to move out by themselves within a time limit, and inform them of the legal consequences of refusing to move out.

Step 2: If the person subjected to execution or other occupier refuses to move out after the expiration of the prescribed time limit, the enforcement court may notify the relevant departments or units to assist in stopping water supply, power supply and gas supply, and impose fines and detention on the person subjected to execution or other occupier according to law; If you still refuse to move away, you will be forced to clear the scene according to law; Suspected of constituting a crime, transferred for criminal responsibility according to law.

Step 3: forcibly clean up the moved-out property, make it by the execution court, transport it to the designated place and hand it over to the person subjected to execution or other occupiers. If the person subjected to execution or other possessor refuses to collect it, it may be kept by the application executor or other possessor with the consent of the application executor, and the person subjected to execution or other possessor shall collect it within a time limit. If the person subjected to execution or other possessor fails to collect the property within the time limit, the property shall be placed in escrow, and the expenses for escrow shall be borne by the person subjected to execution or other possessor.

Coping ideas

As the implementation of vacating is time-consuming and material-consuming, the buyer shall actively assist the enforcement court to vacate the premises through a special clearing team and complete the vacating as soon as possible. At the same time, the buyer can coordinate some social auxiliary forces, such as property management, moving companies, etc., and let them be responsible for the handling, loading and unloading, warehousing and other work related to the property of the executed person or other occupiers. At the same time, the expenses incurred therefrom shall be borne by the person subjected to execution or other possessors.

Private relief

In practice, if the court helps vacate the house for a long time and the buyer is in a hurry to use the house, the buyer needs to use his own brains to vacate the house. However, it should be noted that the buyer must not vacate the house violently, which will not only fail to achieve the purpose of vacating the house, but also lead to litigation.

talk things over solve

This situation generally applies to the lessee's refusal to vacate the house. If the tenant refuses to vacate the house, he can first discuss with the tenant and ask whether he wants to continue living or choose to get back the remaining rent. If the tenant wants to continue renting, the court will convene the bidders and everyone will negotiate to solve it; But if the tenant chooses the latter, the court will directly refund part of the auction money to the tenant as rent, and then let him move out. Even if the tenant continues to rent, the court will leave the corresponding rent to the buyer from the auction money, so don't worry at all. If the original owner or a third-party creditor occupies the house, it may be necessary for the court to negotiate together and make appropriate concessions.

report to the police

After the transfer is completed, the buyer is already the owner of the property, but the original owner no longer owns the property. Therefore, if the original owner or other occupier refuses to vacate the house, the buyer can choose to call the police directly or sue directly.

Entrust a professional

Professional legal auction service companies have experience in handling such incidents, can also control the delivery cycle and overall impact, and will also specify the guarantee for bidders in the contract. Hiring professionals generally requires buyers to pay a certain room fee, so if it is difficult to know the room fee during the best adjustment period, then the room fee should be included in the purchase budget.

However, in practice, the buyer may need to spend a lot of energy and time to deal with the problem of vacating the house without permission. It is interesting to remind bidders that the auction announcement pays special attention. It is clearly pointed out in the announcement that it is difficult to vacate or rent, and try to avoid these pits.

Matters needing attention

open

Many buyers are eager to change locks after the auction or payment, which is not correct. Here is an interesting reminder to the buyer to change the door and lock with the property right certificate or the legal document for executing the ruling, so as to realize the control of the house. If the lock is forcibly changed without completing the transfer and obtaining the certificate, the original owner will confront the buyer for justified reasons, and it will not be worth the candle. In case of resistance, the buyer can call the police to solve it, or apply to the enforcement court for enforcement. When changing the lock, you can also ask the property personnel to witness it on the spot.

Disposal of articles in the room

If there are still items left by the original owner in the house, the buyer can clean them up by the moving company under the witness of the property or other third parties, make a list of items, store the items in the house, and ask the occupier to pay the occupation fee and the storage fee of the items in the house. If there is no third-party witness and evidence preservation, once the items in the house have problems, such as loss or damage, the buyer may not be able to explain clearly.

If the accounts of the original owners and their families have not moved out from the address where the property is located, the buyer can negotiate with the original owners, and the new owners can only move into the accounts of family members after obtaining the consent of the original owners and moving out of all accounts. However, in practice, police stations and courts in many places are not responsible for helping solve problems. If the owner refuses to move out, the buyer can't solve this problem. So it's interesting to remind everyone that this problem must be clarified before bidding.

Pay off the property fee

I have talked about the problem of arrears of property fees before. Buyers can only move in smoothly after going to property negotiation or negotiating with the original owners to complete the payment of arrears. Here mainly includes water, electricity, gas, heating, telephone, cable TV and other arrears.