Can the property right house be reserved for auction?

Court seizure is generally in the trading center, and the sale restriction does not restrict residence, so the property fee must be paid. It is rare for the court to seal it up. If this is a special case, you can negotiate with the property.

Legal analysis

Legal provisions on seizure of real estate. House seizure refers to the court's seizure of the property under the defendant's name through judicial channels after the plaintiff filed an application for seizure. After the seizure, the house cannot be transferred or mortgaged, but it can still be used for living. Houses can be sealed up by the court many times. Sealing up the house is a kind of preservation measure, and the debtor can apply for unsealing after paying off all the debts. If the debtor refuses to repay the loan, the court will auction the seized property. Attachment refers to an administrative compulsion to attach property and forcibly attach it. The details are as follows: first, the property belongs to stolen goods, and the case-handling organ can seal up the property in order to handle the case; Second, in order to ensure the realization of their own creditor's rights, creditors can apply to the people's court for pre-litigation preservation. After providing a certain guarantee, the people's court may seal up the debtor's property; 3. If the person subjected to execution refuses to perform the debt, the department in charge of execution of the people's court may take measures to seal up the property and force the person subjected to execution to perform the debt. Who seized it? It may be courts, public security organs, procuratorial organs and so on. Seal means to affix a seal after inspection and not to use it.

legal ground

Article 244 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.

Article 254 After the people's court adopts the enforcement measures specified in Articles 242, 243 and 244 of this Law, if the person subjected to execution is still unable to pay off his debts, he shall continue to perform his obligations. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time.