Can Mortgaged Assets Be Seized for Enforcement?

I would like to ask: If the defendant has no assets other than the house mortgaged to the bank, can compulsory enforcement of the judgment be carried out?

According to Clause 1, Article 90 of the 2008 Law on Civil Judgment Enforcement concerning the inventory and disposal of mortgaged assets. To be specific:

In case the judgment debtor has no other property or has property but it is insufficient to fulfill the judgment, the Bailiff has the right to inventory, dispose of the property of the judgment debtor that is currently pledged or mortgaged if the value of that property is greater than the secured obligation and the enforcement costs.

Thus, if the judgment debtor (defendant) has no other property except for the house currently mortgaged with the bank, the Bailiff has the right to inventory and dispose of that asset and notify the bank. Subsequently, the priority for payment will be determined after disposing of the asset.

Sincerely!

Related Posts
LawNet
What are types of procedural costs according to the Ordinance on Procedural Costs in 2024 in Vietnam?
LawNet
What is the latest template of Mutual Divorce Application Form in 2024 in Vietnam? How to fill in this form?
LawNet
What are diversion measures? What are 12 diversion measures for juvenile offenders in Vietnam?
LawNet
What are regulations on the seizure of valuable papers for the execution of civil judgments in Vietnam?
LawNet
Promulgating Decree 142/2024/ND-CP on the management of storage of evidences, documents, items in Vietnam
LawNet
Can You Refuse to Testify When Summoned to Court?
LawNet
Procedure for Registration of Operation of Arbitration Centers
LawNet
Is the Arbitration Center permitted to use the National Flag as its symbol?
LawNet
Title of the Arbitration Center is Prescribed in What Manner?
LawNet
Lawsuit Against a Company for Terminating a Pregnant Employee: Is Proof Required?
Lượt xem: 0
Latest Post

Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;