The tens of millions of bought houses were seized for the original homeowner's debt!What to do?

Lao Li's daughter -in -law bought a second -hand house of 12.5 million yuan as a wedding room. I did not expect to live for more than a year. The real estate who had been transferred to the house was seized by the court because of debt. The Lao Li family fell into a real estate defense war that took more than six years and after more than ten rounds of lawsuits.

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Flying

The house that stayed for more than a year was seized

In 2015, Lao Li's daughter was ready to get married and chose a 160 -square -meter second -hand house as a wedding room. The original homeowner Jiang Li was bought at the opening of the market in 2012, and he turned to sell it as soon as he delivered the house. The house has a good area and not far from the old Li family. It is convenient for the young couple to work, which is also conducive to the children in the future. The whole family is quite satisfied.

The disadvantage of the United States is that the house has not been transferred before the property right certificate is not available, but when many houses in the same community are selling, in the second -hand housing market, there are often things that have no housebooks before transferring before transfer.

In August 2015, Lao Li's daughter -in -law signed a house trading contract with Jiang Li, agreed that the total price of the house was 12.5 million yuan, of which 4 million yuan was paid when the transfer procedures were completed. Lao Li and his own house have exhausted their lives for half of their lives, helping the children to make up 8.5 million head -up housing funds.

At the end of 2016, the property company notified that owners can apply for a property right certificate. When Lao Li contacted the seller to help the transfer, he learned that because Jiang Li owed debts, the house hanging under her name had been seized by the court.

It turned out that Jiang Li's husband was running a real estate company because of the downturn of business. He borrowed more than 8 million yuan and more than 3 million yuan from the two high school classmates, and promised to repay for three months. With his wife's real estate as a guarantee, his wife also signed on the mortgage contract.

However, Jiang Li's husband was delayed to repay the loan. In February 2016, one of the creditors filed a civil loan lawsuit and applied for property preservation to the court to seize the house.

Accidentally

Opportunities for non -disconnected housing

After understanding the original commission of the real estate, the Lao Li family had to solve the matter through legal channels. Lao Li confidently believes that "the white paper and black words signed the contract to pay the money to buy the house.

The daughter's son -in -law was busy at work, and Lao Li took the initiative to ask for this real estate defense war. Over half a year, he searched the law on the Internet and searched for laws and regulations. The lawyer gave a suggestion to "walk two legs": While applying for preservation reconsideration to the court, he hopes to revoke the seizure; while lifts the complaint of confirming the effectiveness of the house sale contract to clarify his ownership of the real estate.

In March 2017, Lao Li hired a lawyer to bring a house purchase contract and payment voucher to the Xicheng Court to apply for a preservation reconsideration application. Since then, it has also represented the daughter -in -law's prosecution to confirm that the contract is valid.

Because the creditor submits a preservation application in civil lawsuits and has provided corresponding guarantees, it is completely in accordance with the law, and the court ruled that the application for preservation reconsideration was rejected. In another lawsuit, the court supported Lao Li's lawsuit to confirm that the house sale contract was valid.

Lao Li Xin doubled. At the end of October 2017, the agent of his daughter -in -law's son -in -law filed a complaint about the objection to the outsiders of the Xicheng Court, asking the court to terminate the house involved in the house involved and stopped implementing the house involved.

However, Lao Li's daughter -in -law does not have complete rights to the house involved, because they have not paid the end of 4 million yuan. In the lawsuit, Lao Li agreed to pay the 4 million, and the judge handed over the end to the court within 15 days.

There was a wave of unpidest waves. Another creditor also filed a lawsuit against Jiang Li and others in the Huairou Court and applied for property preservation. The Huairou Court seized the house involved in the house.

Seal one after another, Lao Li was in his heart.

If the house is seized before the transfer, how can I save it?

Article 28 of the Supreme People's Court on Article 28 of the People's Court of the People's Court to perform an implementation objection and reconsideration cases gives a clear answer.

If the buyer has legally signed a house trading contract before checking the real estate in the court, and the actual property has actually possessed, and it is not because the buyer has not been handled by the household. You can propose objections to the court and get support, and no longer execute the property.

The situation of the Lao Li family fully meets all the specifications. As long as they deliver the final payment on time, they can mention the objection to the objection and get the case, and the house will not be auctioned to debt. Even if there are seizures in the future, they can continue to implement objections, and there is no legal obstacle.

"At that time, I consulted a few lawyers, saying that even if we paid the 4 million, the creditors would still be able to confront them in the future. However, the court has confirmed that the house sale contract is valid. ... "Lao Li said, he didn't want to pay the money, but he was worried that he could not check the seal after paying the money. The house still couldn't pass the household. Isn't this 4 million throwing it?

In the end, the Lao Li family did not pay the end on time, and was rejected by the court to request the lawsuit. He missed the opportunity to keep the house. He did not appeal after the verdict. This relief approach became a dead end.

"It was a very simple thing. If we knew this rule at the beginning, we would be fine when we paid the money. How can we cause so many lawsuits in the back ..." Now that I think of it, Lao Li still regrets it.

Wheel lawsuit

One party desperately protects the house and one party urges the auction

After walking wrong, the Lao Li family exhausted various lawsuits in order to keep the house. They went to the Huairou Court to raise a complaint of objections and outsourcing objections, but the Huairou Court just waited for seizure. The old Li family's execution of objections was like no root wood, and it was destined to have no results. Rejection -appeal -was rejected -Application Removal -was rejected again.

At the same time, they also sued Jiang Li to ask for assistance, because the house was seized and had no transfer conditions, and was rejected by the court.

Lao Li's bitterness experienced on this long way to defend his rights is unbearable.

On the other side, the borrowing lawsuits of the two creditors won. Jiang Li has to bear more than 12 million yuan. After the verdict came into effect, the two applied to the court for compulsory enforcement, and the court launched the assessment of the auction procedures for the house involved in accordance with the law.

"If the house is auctioned, where can we live?" The old Li family was anxious and filed an objection to the court again. The court was rejected by repeated objections.

At this point, the procedures that Lao Li can go in the court has gone. Lao Li, who was invincible, asked around, and some people suggested that he applied to the procuratorate for supervision and luck.

According to the law, the procuratorial organs have the right to implement legal supervision of civil litigation activities, protect the legitimate rights and interests of citizens, and safeguard the correct and unified implementation of national laws.

Lao Li came to Xicheng Procuratorate to ask for procuratorial supervision with the mind of "dead horses as living horses" and asked the court to stop the auction of the house involved in the case.

A creditor who won the enforcement of the lawsuit also suffered a stomach. Because the Lao Li family continues to litter, the work of real estate auction has not been effectively advanced. He also submitted an application for supervision to the Xicheng Procuratorate and requested the supervision of the court to auction the house as soon as possible.

At the end of November 2021, the Xicheng Procuratorate accepted the supervision application of both parties.

Resolve the grievances

Prosecutors contribute to the three parties reconciliation

The prosecutor Yu Weixiang reviewed the court's dossier and multiple related cases to find out the crux of the symptoms.

"From the perspective of fairness, the old Li family has spent a huge model and lived for many years. If it is auctioned like this, it is really difficult to accept. Moreover, even if it takes 8.5 million that has been paid, the same house can not buy it. But two two. What is wrong with the creditor? If you borrow money for classmates, do n’t you come back, and their rights and interests must be maintained. This house is their only hope. "Prosecutor said that Jiang Li could neither repay the debt nor to complete the obligation to transfer the house. As a result, the old Li family and creditors have been tug -of -war for many years. Due to the annual lawsuit, the two sides have deep grievances and need to be properly handled. From the perspective of completely resolving contradictions, if it can promote the reconciliation of the parties, it is undoubtedly the best solution.

Of course, Lao Li wanted to reconcile, but the creditor resolutely disagreed. "Originally, we had already said it in the court. They paid 4 million models to cancel the seizure, but the Li family did not pay it. In recent years, we prosecuted it. Each of our lawsuits had to respond. Because of frequent lawsuits, we even affected bank loans. "Creditors believed that Lao Li's abuse of the right of complaints was delayed and lacking integrity.

For the two creditors, as long as the house can be auctioned, they can easily take back the loan. If you refuse to give up, it is reasonable.

Make a reasonable expectation for the interests of both parties is a breakthrough in reconciliation. Prosecutors first thoroughly analyzed the problems in the process of lawsuits, won the trust of both parties, and then did work for Lao Li and creditors.

When Lao Li realized that he had missed the opportunity, and years of lawsuits not only made himself struggling, but also caused the creditors to suffer additional losses, and was willing to pay certain compensation to resolve contradictions and promote reconciliation.

For the two creditors, the prosecutor also analyzed the advantages and disadvantages from a legal perspective. The Lao Li family has missed the opportunity to execute the execution of the execution of the end of the payment end in the case of the disagreement of outsourcing. If they re -obtain the opportunity through the procuratorial supervision, only 4 million yuan will be used to pay off the debts to the two. If you accept reconciliation now, you can get rid of the complaint as soon as possible. With these 4 million yuan of money and additional compensation, at least you can immediately restore a part of the loss. In the future, there will be a clue of property, and you can continue to apply for compulsory execution.

The prosecutor finally promoted the three parties to achieve reconciliation: Lao Li delivered 4 million yuan to the end of the house and gave appropriate compensation. The two creditors were allocated in proportion. Seal. In February this year, the settlement agreement was fulfilled. The old Li family finally lived a comfortable year.

Subsequently, Lao Li went to the court to complete the last step of the real estate defense war and requested the court to order the registration of the property rights of the housing. The house model has been paid, and the two seals have been lifted, and the real estate has no legal obstacles. Not long ago, the court ruled that the Li family's claim was supported.

"Because of the house in these years, my daughter has never wanted a child. Now that things have been solved, my daughter is pregnant, or twins!" Lao Li specially told reporters this good news that he was happy in his words, and his happy life finally came back. (The parties in the text are the name of the person)

(Original title: Tens of millions of bought houses were seized for the original homeowner's debt, Lao Li’s real estate defense war)

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