What is the procedure for the court to auction the property?

This kind of thing, usually, can't be negotiated, and you can sue the court for the division of the estate.

The scheme of inheritance and division can be decided according to the situation in the lawsuit, such as sharing the money when auctioning the real estate, one party gets the house to compensate the other party, and everyone enjoys the property right together.

The process of compulsory auction by the court

In the process of execution, the court auctioned the property of the person subjected to execution to realize the legitimate rights and interests of the creditor's rights. The compulsory auction process can be roughly divided into the following stages:

1, evaluation price evaluation price is the pre-procedure of auction. Before the property seized, detained or frozen by the person subjected to execution is realized, the court shall entrust a legally established asset appraisal institution with corresponding qualifications to evaluate its price. For the evaluation results, the court shall timely deliver the evaluation report to the parties involved in the execution. If the parties have any objection to the evaluation results, they may request reconsideration from the court, and the court will then request the appraisal institution to conduct reconsideration.

2. Make a compulsory auction decision. After the price evaluation is completed, the court may organize the enforcement parties to negotiate and pay the debtor's property to the application executor according to the evaluated price. If both parties fail to reach an agreement on paying debts in kind, the court shall make a decision to auction the property of the person subjected to execution. If the person subjected to execution asks him to sell his property by himself, the court may allow it according to the provisions of Article 48 of the Enforcement Regulations, but it shall supervise him to sell it at a reasonable price within a specified period of time and effectively control the selling price.

In actual work, it is rare for the person subjected to execution to ask him to sell his property. The implementation regulations only stipulate that it can be allowed, but it should not be. The court shall make a decision ex officio according to the property status of the person subjected to execution and the reputation of the person subjected to execution. If allowed, the person subjected to execution shall be given 10 days to sell the property by himself. At the same time, the court can remove the seized property after receiving the money, so as to ensure that the legitimate rights and interests of the applicant can be realized.

3. The determination and entrustment of auction institutions to choose auction institutions shall be handled in accordance with the Provisions of the Supreme People's Court on Several Issues Concerning Freezing the Auction of State-owned Shares and Social Legal Person Shares of Listed Companies (hereinafter referred to as "Several Provisions") and the unified entrustment of the technical department of the court made by the Supreme Court. Auction of shares of listed companies shall be handled in strict accordance with the provisions of Several Provisions. Courts should not choose auction institutions ex officio.

When the court auctions other properties, it should first adopt the principle of adversary system. If both parties fail to reach an agreement, the court will choose the auction institution ex officio. ? After the auction institution is determined, the court negotiates with the auction institution and signs an auction contract. An auction contract must be in written form, and must contain the necessary terms such as auction target, auction commission and payment of auction price.

4. Announcement shows that

After accepting the entrustment of the court, the auction institution that issued the announcement and displayed the target will make the announcement and display of the auction in strict accordance with the provisions of the law and the contract. On major issues such as auction scheme and auction announcement, the auction institution shall solicit the opinions of the court and obtain the consent and active cooperation of the court.

5. Determine the auction floor price.

Before the auction is held, the court shall determine the auction reserve price according to the evaluation price and inform the auction institution. The auction reserve price shall be equal to or lower than the evaluation price, and shall not exceed the evaluation price. The reserve price of auction is the lowest price of auction transaction. If the highest auction price is lower than the reserve price, no transaction may be made. If no one bids for the first auction, the court will determine the reserve price for the second auction according to market conditions.

Step 6 hold an auction

When an auction is held, the court should generally send personnel to supervise the auction and record the auction; Auction institutions may also invite notaries to be present for notarization. If the auction is completed, the auction institution and the buyer shall sign a confirmation letter of completion, and immediately pay off the money and goods, or pay in installments according to the contract. If a bidder pays by installments, it shall obtain the consent of the court.

7. Confirm that the auction is over.

The court shall review the auction results according to law, and if it finds that the auction institution colludes with bidders or bidders maliciously, causing damage to others, it will rule that the auction is invalid according to law; If the above situation is not found in the review, the auction result shall be confirmed.

After the auction result is determined, the court shall cooperate with the auction institution to deliver the auction target to the buyer. If the auction target is movable property, the auction institution will directly deliver it to the buyer; if it is immovable property or specific movable property, the court will be responsible for removing the owner of the auction target and going through the formalities for registration of change.

Conditions of compulsory auction A compulsory auction can only be established if it has legal conditions, otherwise the auction will be invalid. The conditions of compulsory auction vary from country to country, but generally speaking, different conditions are distinguished according to whether the auction object is movable or immovable. General compulsory auction shall meet the following conditions:

1. The compulsory auction shall be implemented by the state statutory enforcement organs. In our country, the court is the organ that has the right to enforce the law.

In a country ruled by law, citizens' property rights are not deprived or restricted without legal procedures. Without special authorization by law, no unit or individual has the right to enforce or take enforcement measures against other people's property. Compulsory auction of citizens' property can only be conducted by administrative organs according to their functions and powers, and other units may not conduct compulsory auction without authorization.

2. Compulsory auction must be based on execution.

The basis of execution is the legal document on which the executing organ executes, and it is a legal document that confirms that one of the two parties bears civil obligations and the other party enjoys civil rights and has the force of enforcement. Because the purpose of enforcement is to realize the civil rights that creditors have determined, compulsory auction should be based on the existence of substantive rights.

3. The property of the person subjected to execution is sealed up or detained.

According to the provisions of China's Civil Procedure Law, the people's court has the right to auction the debtor's property if it still fails to perform after a period of detention. It can be seen that sealing up and detaining the debtor's property is a necessary procedure for compulsory auction.

5. The person subjected to execution fails to perform the debt within the time limit.

According to the provisions of Article 220 of China's Civil Procedure Law, "when an executor receives an application for execution or an execution transfer letter, he shall issue an execution notice to the person subjected to execution, ordering him to perform within a time limit, and if he fails to perform within the time limit, he shall be enforced." If the debtor fails to perform the obligations stipulated in the notice of execution within the time limit, the people's court has the right to enforce it and auction its related property.

Extended data:

Characteristics of compulsory auction

1. Legality of auction

The so-called legality of auction means that according to the special provisions of the law, this auction activity is a special auction activity. According to Chinese laws, compulsory auction must be entrusted by law enforcement agencies to auction enterprises.

Article 46 of the Supreme People's Court1July 8, 998 "Provisions on Several Issues Concerning the Execution of People's Courts (Trial)" stipulates: "When the people's court changes the price of the property of the person subjected to execution, it shall entrust an auction institution to do so." The purpose of these Regulations is to ensure the fairness of auction activities, safeguard the legitimate rights and interests of the person subjected to execution, and promote the construction of a clean and honest government of the state law enforcement organs.

Step 2 enforce it

The so-called compulsory execution means that compulsory auction is a compulsory measure implemented by the state law enforcement organs according to law. This is the basic feature of compulsory auction. In the compulsory auction, the property owner who was sealed up or detained lost the right to dispose of all his property. Therefore, compulsory auction is an auction activity with national coercive power.

3. Exclusivity of entrustment

The so-called exclusiveness of entrustment means that this auction activity is entrusted by the state law enforcement organs according to law. Compulsory auction is a kind of auction activity with national compulsion, so the entrusting party can only be the country.

Law enforcement agencies, any other organs, organizations, units and individuals may not entrust a compulsory auction. At the same time, the compulsory auction entrusted by the state law enforcement organs must be based on legally effective documents. Because the judgments and punishment decisions made by law enforcement agencies have not yet taken effect, and the handling of the case is still in an uncertain state, it is impossible to auction the sealed-up and detained items.

The difference between compulsory auction and arbitrary auction 1, the fundamental difference:

The fundamental difference between compulsory auction and arbitrary auction is that the reasons caused by them are inconsistent. One of the subjects of compulsory auction is the national law enforcement agency, and the parties to arbitrary auction are in an equal position in civil legal relations; Compulsory auction is an intervention in civil legal relations, while arbitrary auction is determined by the wishes of buyers and sellers;

Compulsory auction implements the principle that the state forces the debtor to pay off debts, while arbitrary auction embodies the principle of fairness and reasonableness in property circulation; Once the compulsory auction is started, except in special circumstances, the auction procedure must be carried out from beginning to end and shall not be stopped at will; Any auction can be changed according to the wishes of the parties, and the parties have the right to decide whether to conduct the auction procedure.

2. Nature difference:

In the nature of auction, there is a fundamental difference between compulsory auction and arbitrary auction, but the content of auction is related to the way of auction. In the implementation of compulsory auction, some procedures and methods of arbitrary auction can be adopted.

Reserved price auction and unreserved price auction In auction activities, the auction enterprise usually agrees with the client on a reserved price (reserve price), which is called a reserved price auction, and an unreserved price auction is called an unreserved price auction. In an auction with reserve price, the bidder's bid must be equal to or higher than the reserve price of the auction target before the transaction can be concluded.

If it's lower than the reserve price, you can't close the deal. In auction practice, no reserve price auction is rarely chosen, even if there is, it must be the will of the client. The auction without reserve price is implemented, and the items to be auctioned are mostly cheap goods, and there are few valuables with high value, because choosing the auction without reserve price bears greater risks.

Article 2-328 of the United States Uniform Commercial Law stipulates that an auction is a reserved auction (that is, an auction with a reserved price) unless it is clearly stated that there is no reservation when the goods are launched. Auction without reserve price is usually used for movable property auction, while auction with reserve price is almost always used for real estate auction because of its high value. In the compulsory auction, the reserved price auction is generally adopted.

Its purpose is to safeguard the legitimate rights and interests of creditors and debtors fairly, reasonably and effectively in the process of implementation. Sealed auction and unsealed auction, whether arbitrary auction or compulsory auction, have sealed auction (that is, bidding auction) and unsealed auction.

References:

Baidu encyclopedia-forced auction