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Millions of dollars were spent on a house, but the developer suddenly collapsed. A commercial building in the plot and the parking space in the community are all low-waisted and facing judicial auction, and the owner is about to have nowhere to park???
In the first half of this year, the owners of a community saw the auction announcement that the court was about to auction the parking spaces in the community, and the owners who were about to have nowhere to park immediately became anxious and called the judge on the announcement.
It turned out that this community, which was built in 2020, has not only residential buildings, but also a commercial office building, some shops and more than 450 underground parking spaces. During the development of the project, the developer mortgaged the entire project to a financial institution for a loan. After that, with the sale of the residential area, the two residential buildings were unmortgaged, while the remaining real estate remained under mortgage. A few years ago, due to the developer's financial problems, it was unable to repay the arrears, and was sued by creditors, and the case finally entered the enforcement procedure.
Looking at the verdict, the judges originally thought that this was a regular money payment enforcement case. However, the owners of the community said on the phone that the right to use the 452 parking spaces in the name of the person subject to enforcement does not completely belong to the commercial office building, but also involves the parking spaces of the residential owners. This made the enforcement judges realize that the parking problem of hundreds of property owners was involved behind this case, and it could not be handled simply as usual. As a result, the executing judges immediately re-examined the entire situation of the plot.
Residents said that there are 428 households in the complex, and although not every household has a parking need, parking is still a bit tight because only one floor of the two-story underground garage is currently open for their use. Not only that, but some tram owners have also expressed their eagerness to have a fixed parking space.
After full communication with the owners of the community, the executive judge entrusted the property to issue a "Parking Space Demand Questionnaire" to each owner to further understand the demands of the owners. Subsequently, the executive judge, accompanied by the property of the community, visited the underground garage from the first basement to the third basement of the community to understand the hardware situation of the parking space.
It turned out that in addition to the fact that the garages on the first and third basement floors could not directly reach the residential building, the hardware facilities were also damaged to varying degrees. Comparatively speaking, the second basement floor of the residential building is fully equipped with facilities and equipment, and there are more than 200 available parking spaces. So, how to determine the specific auction plan? The first thing that the enforcement judges have to solve is the issue of improving the efficiency of enforcement. Because once you have to bid separately, it means that the parking spaces will be divided one by one for auction, which is a huge workload for the court.
In order to solve this problem, after many discussions and studies, the executive judges decided to try a new auction method of "packing up for auction and splitting and bidding" to auction the parking spaces.
In other words, at the time of the auction, all the parking spaces provided to the owners will be packaged together and auctioned as a lot, and after all the bidders have completed their bids, these spaces will be sold together according to the number of transactions. In order to reflect the difference of individual parking spaces, this auction follows the principle of "high price preferred".
After having a rough plan, the executive judges communicated with the staff of the online auction platform several times and optimized the auction procedure. At the same time, other auction details have been perfected one by one.
In the end, after repeated discussions and the final bidding plan, the Shanghai Financial Court officially launched the parking space auction procedure.
On July 9, nearly 100 owners successfully bid for the long-awaited fixed parking spaces through the online auction process.
Early in the morning of July 22, these owners chose their favorite parking spaces in the community.
It is reported that through this auction, the court also received nearly 40 million enforcement money. The remaining unauctioned parking spaces will be auctioned separately together with the commercial building and other enforcement objects, and finally jointly delivered to the enforcement applicant.
(Take a look at the news, Knews reporter Yu Xinyi, Feng Jialin)