Welcome to Shanghai Founder Law Firm!   Email:info@gcls.cn  Tel:0086-021-62996116-0

News

Location:Home - News - News

Can house mortgage be apply for compulsory execution?

Update time:2014/1/8 10:23:18 Browse times:1020

Q: Zhang borrowed 400,000 Yuan from me with his property mortgage. After that, Zhang’s present whereabouts has been unknown, and I had to sue him to court. After the trial by default, the judge gave a judgment that Zhang should pay back the money. My question is that: can the judgment be enforced, as Zhang has only one apartment.

 

Lawyer’s Re: According to the judicial practice in our country, even Zhang has only one commodity house, the court can enforce. The implementation can be auction or replace it with a relatively house of small area. So that, the debt can be paid off with the remaining funds. However, if the mortgage is a rural homestead house, as it cannot enter the circulation, it is difficult to perform.