Confused! Someone in Haining bought a house, but received a notice of seizure from the court! What's going on?

Spent hundreds of thousands of dollars to buy a suite

Lived for a few years

The court went so far as to send a notice of seizure

Something like this sounds a bit bizarre

But it really happened in Haining

And

The two ladies had the same experience

What the hell is going on?

The house was suddenly seized

A few days ago, the Haining Media Center's "Chao Gang" column received a call from a Ms. Xu of Zhouwangmiao, saying that she had spent hundreds of thousands of yuan in 2014 to "buy" a suite from local villagers, and recently, the court sealed the house and asked Ms. Xu's family to move out within a time limit. After receiving the call, Da Chaojun came to ms. Xu's neighborhood.

Ms. Xu took out a "house transfer agreement", and she told Dachaojun that she bought the house from a local villager surnamed Zhang seven years ago, a total of 86.45 square meters, which was priced at 245,000 yuan.

Ms. Xu signed an agreement with the seller, paid the first installment of 243,000 yuan, and the remaining 2,000 yuan, and agreed to pay it off after the transfer. Because the resettlement house should be uniformly issued with a real estate certificate, the two parties agreed that after one year, the certificate would be directly given to Ms. Xu.

Although she did not transfer the house and did not get the real estate certificate, she had an agreement in her hand, Ms. Xu did not think much about it, and other people in the village bought resettlement houses, and they all operated in this way. The son was about to get married, And Ms. Xu immediately renovated the house, and the family quickly moved in.

But unexpectedly, the court called and said that the house was to be sealed. "I couldn't sleep for several nights, I couldn't eat, I sat on the couch and wanted to shed tears, and we also earned this money."

Hundreds of thousands of hard-earned money is almost all the savings of Ms. Xu's family. How did a house that was bought with money become someone else's?

Ms. Xu said that she originally thought that when the 5-year period came, the seller would accompany them to the house, but when it came to the transfer, the other party either said that the materials had not been taken, or the household registration book had not been taken. Therefore, since the house was "bought" in 2014, it has not been successfully transferred until now.

What Ms. Xu did not expect was that in fact, the villagers surnamed Zhang had already gone to get a real estate certificate. Moreover, after the real estate deed was completed, it was not handed over to them according to the agreement, but secretly took it as collateral. "Every day he is playing cards and gambling money, losing all the money, there is no way, he takes the real estate certificate to mortgage." Ms. Xu said helplessly.

There are others who have suffered the same thing

The house bought disappeared, and ms. Ma, who was also in this community, also suffered the same encounter. At that time, the villagers surnamed Zhang had two resettlement houses for sale at the same time, and Ms. Ma's family bought another one, but they did not obtain property rights. Now, the neighbors have also received notice from the court.

Dachaojun saw that in 2019, the Nanhu District People's Court issued an enforcement ruling, which mentioned that in 2017, after the villagers surnamed Zhang issued real estate deeds, they registered the mortgage rights of the two properties and borrowed 500,000 yuan from a lady in Jiaxing Nanhu District, and then because they could not repay the debt, the collateral was subject to judicial auction and used to repay the debt.

For this situation, Ms. Xu has been in the dark. She remembered that more than two years ago, the villagers surnamed Zhang had called her and said that they would make an appointment with her and take someone to see the house, and Ms. Xu felt strange at that time, knowing that the house had been sold to herself, why did she let people come to see the house, so she did not agree. Ms. Xu also said that Ms. Zhang, who lent money, did not know that the house mortgaged to her had been sold once.

Hear what lawyers have to say

In the enforcement ruling issued by the court, it was held that Ms. Zhang, who had borrowed the loan, had the right of first refusal to be reimbursed, that is, the two houses now had to be auctioned judicially, and the proceeds of the auction were first repaid to Ms. Zhang, and the remaining part was then repaid to Ms. Xu and Ms. Ma.

For this judgment of the court, Gu Jing, a lawyer at Zhejiang Ziwei Law Firm, gave this explanation: Because the ownership of the house is completed through registration and publicity, the law believes that if you register with the relevant departments, the house is completely yours. In the resettlement housing sale, the subsequent transfer registration procedures have not been completed, and the early stage is an expectancy right or a claim for a property right, and the mortgage right above the law belongs to a security right under the property right, and the property right has priority over the claim. There are both the registration of the mortgage right of the house and the sale and purchase of the house, and in the case of no transfer, the mortgage right is preferred.

Now that the court has ruled, how can Ms. Xu and others minimize their losses? Since Ms. Xu's appeal was to keep the house, the lawyer suggested that Ms. Xu try to do out-of-court settlement to avoid house auctions, so that she needed to pay the debts for the villagers surnamed Zhang first, and then recover from him. Dachaojun also contacted Ms. Zhang of Nanhu District, and she expressed her willingness to conduct another out-of-court mediation with Ms. Xu. At present, the two sides are negotiating and communicating.

If you have something to do, find a "tide helper"

In 2021

Haining Media Center was newly launched

All-media interactive assistant column - "Tide assistant"

The "Big Tide" APP also has a feeding channel

▽

Click +

Buying and selling homes also needs to be cautious!

Reporter: Liu Jiliang lives in Qiuyuan

Editor: Yao Juanhong

(Source: Haining News Network) [Submissions, regional cooperation, please send a private message or send a 3469887933 #qq.com within 24 hours to reply. 】