Source: Wuhan Evening News
Wuhan Evening News (reporter Liang Shuang, correspondent Liu Yanan, He Yi) spent most of his life savings to buy a house, registered in his son's name, and thought that he could enjoy his old age in peace. It wasn't until the court enforcement officer came to the door that the old couple learned that the house had actually been taken by their son to be mortgaged for a loan. The reporter learned from the Huangpi District Court that the property is still in the process of execution.
In January 2018, Zhu borrowed 800,000 yuan from a pawn company on the grounds of capital turnover, with a loan term of 6 months. The two parties signed a loan contract stipulating that if Mr. Zhu fails to repay the loan (including the principal and interest of the loan) according to the agreed period, it will constitute a breach of contract, and in addition to paying the overdue interest, Mr. Zhu will also pay the penalty for deferred performance until the date of repayment of the principal and interest. Zhu used his own property located in a certain urban area of Wuhan as collateral. Mr. Zhu cooperated with a pawn company to apply for a real estate registration certificate for the aforementioned real estate at the real estate registration bureau, proving that the right or matter was mortgaged, and the obligor was a pawn company. After Zhu's failure to perform his repayment obligations in accordance with the agreement triggered a lawsuit, after the judgment took effect, the pawn company applied to the court for compulsory enforcement and applied to auction the aforementioned real estate.
During the execution of the case, Zhu has not taken the initiative to perform his obligations. After investigation, it was found that in addition to the above-mentioned real estate, There were no other property available for execution, such as bank deposits and vehicles, and Zhu himself was no longer known.
When the enforcement judge went to the above-mentioned house, he found that Zhu's parents lived in the house. Zhu's mother told the enforcement judge that Zhu was the only son in the family and had been pampered since childhood. The two elderly people have pensions, and they do not expect their sons to retire, so they saved up their efforts to buy this house for Zhu, and the property rights were also registered in the name of their son Zhu, originally thinking that their son could have a guarantee in his future life. They had never heard Zhu borrow money outside the country, and they had no idea about Zhu's mortgage of the house.
The enforcement judge explained to Zhu's parents that since Zhu had not fulfilled his obligations to take effect of the judgment and had no other property available for enforcement, the applicant had the right to apply for the auction of the house, and the court also had the right to dispose of the property according to law. At first, Zhu's mother was very emotional and completely unable to accept this fact. While calming the emotions of Zhu's parents, the executive personnel patiently explained the law and analyzed the theory. The two old men slowly calmed down, regretting their doting and indulgence in their children.
At present, the case is still being enforced, considering that Zhu's parents are already elderly, the enforcement personnel on the one hand through the interpretation of the law and reasoning, so that Zhu and his family actively cooperate with the court's enforcement work, on the other hand, they also actively organize face-to-face communication and consultation between the applicant and the person subject to enforcement, and strive to handle the case through reconciliation or other means.
Judge's Statement
In enforcement cases, the confirmation of the ownership of the real estate shall, in principle, be subject to the registration of the real estate registration department. Many parents work hard for most of their lives, and the money they have saved up hard is to buy a house for their children and start a family. Although this situation is now very common, as a child, we should not take the giving and giving of our parents for granted, and we should accept it with peace of mind. Children should cherish the unreserved efforts of their parents, live a down-to-earth life, and do not let parents devote their hearts and minds to their children, and when they are old, they are hurt by their children.