Can Mortgaged Assets Be Seized for Enforcement?
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!









