What is the auction of houses according to law, and what problems should be paid attention to when buying houses according to law in Beijing?

Generally speaking, an auction house refers to a house that is forcibly auctioned by the court. Private lending, commercial loans, judicial confiscation and ownerless property may all become auction houses. We should pay attention to four problems in the way of purchasing: property rights, property arrears, one's own financial situation, and whether there is a lease.

I. What is a legal auction house?

Legal auction house, the full name of the court auction house, refers to the house that is forcibly auctioned by the court.

Generally speaking, when the homeowner is unable to repay the bank mortgage loan or debt, the creditor requests the court to auction the house under his name through judicial procedures to pay off the debt at the auction price. In addition, the house auctioned by the judiciary also belongs to the legal auction house.

Second, under what circumstances will the house become a legal auction house?

Speaking of. Fapaifang? No? Fapai? Scared by these two words, the house did not have any quality problems, but it was ill-fated, and eventually it was reduced to court auction.

Simply put, houses with mortgages and outstanding debts will be auctioned by law. Specifically, there are the following four situations:

Four kinds of situations produced by auction house

1. Commercial loan generation

When the buyers can't repay the house in full as scheduled, the bank brings a civil lawsuit to the court, asking the lender to repay the loan by auctioning the mortgaged property. 2. The emergence of private lending

For example, the defendant agreed to mortgage his property to the plaintiff by borrowing money from the plaintiff. After the agreed time expired, the defendant could not repay the loan on time. However, according to the Guarantee Law, the plaintiff cannot directly obtain the mortgaged property, and needs to apply to the court for repayment of the defendant, and show the mortgage or loan agreement, requesting the court to auction the defendant's property in the execution stage for repayment.

Explain the legal auction house generated by private lending.

3. Judicial confiscation.

For example, in criminal cases, there is a judgment to confiscate all the personal property of the criminal suspect. If the real estate involves real estate, it can be auctioned according to law, and the realized money will be returned to the state treasury.

4. Unclaimed claims

Some unclaimed properties can be auctioned, but this situation is rare in real life.

Third, what are the precautions for buying a house?

1. Auction houses are restricted.

2065438+On March 23rd, 2007, the Municipal Commission of Housing and Urban-Rural Development, the Municipal Higher People's Court and the Municipal Planning and Land Commission made it clear? Fapaifang? Included in the scope of purchase restriction.

2. Is there any flaw in the ownership of the house?

For example, the land transfer fee has not been paid in full, and the real estate license has not been done.

Countermeasures: Verify the house auction information before bidding.

3. Are there any arrears in water, electricity, property and other expenses?

Countermeasures: go to the property management office to find out about the arrears of the house.

4. Have the ability to pay off all the money within a limited time after the auction?

Countermeasures: fully measure the financial situation and decide whether to buy according to your actual situation.

5. I have a lease. Can I hand over the house?

According to the law, the original lease contract is still valid after the auction if it is leased first and then mortgaged. If you buy a house with a lease contract, you can't move in because of the existence of the lessee. Or if someone lives in it and refuses to vacate the house, it will be very troublesome.

For example: 2065438+On February 24th, 2005, Mr. Chen from Shanghai took a house in Minhang District with a price of 4.74 million yuan 138 square meter, while the higher bid for a house with the same area in the same community reached 6 million yuan. Mr. Chen felt that he had made a bargain, but soon found that the original owner had signed a lease contract with a third party for 20 years, which had taken effect before the seizure and the rent had been paid. This means that the house photographed by Mr. Chen owns the house, but the right to use it for 20 years belongs to others.

Countermeasures: Go to the place where the house is located.

Although the price of the auction house is lower than that of ordinary second-hand houses, there may be defects in property rights and arrears in property fees, so we must pay attention to verification before buying a house.

Source: People's Republic of China (PRC) Security Law.

This content is only applicable to Beijing.