No one bid after the first auction, which means that the monetary value contained in this thing has not been accepted by everyone, and it will be auctioned again at a reduced price. In this case, there are only two options: auction or sale at a reduced price. At this time, the court should weigh the two for the purpose of how to maximize the value of things, and should not rigidly stipulate legal provisions. If it needs the consent of the executor before it can be sold, and it has disappeared, then it can only be auctioned at a reduced price for the second time, wasting time and not getting the ideal results of all parties. Therefore, the court should not auction at a reduced price, but should directly decide that the property should be sold to outsiders at the auction price. Article 26 of the Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts stipulates that if there is no bidder in the auction or the highest bid price of the bidder is lower than the reserve price, and the application executor or other enforcement creditors present do not apply for paying off debts at the reserve price determined by the auction, they shall auction again within 60 days. Article 27 stipulates that the people's court may, in accordance with the provisions of Article 19 of these Provisions, evaluate the movable property of the second auction and hand it over to the applicant executor or other enforcement creditors to pay off the debts. If the applicant executor or other enforcement creditor refuses to accept or fails to deliver it to pay off the debts according to law, the people's court shall lift the seal-up and seizure and return the movable property to the person subjected to execution. Article 28 stipulates that the people's court may, in accordance with the provisions of Article 19 of these Provisions, transfer the real estate or other property rights that are still auctioned in the second auction to the applicant executor or other enforcement creditors to pay off debts. If the application executor or other enforcement creditors refuse to accept or fail to pay off the debts according to law, the third auction shall be held within 60 days. If the third auction fails, and the application executor or other enforcement creditors refuse to accept or fail to accept the real estate or other property rights to pay off debts according to law, the people's court shall issue a notice of sale within seven days from the end of the third auction. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of announcement, and the application executor and other enforcement creditors still refuse to accept the property to pay off their debts, the seizure and freezing shall be lifted and the property shall be returned to the person subjected to execution, except that other enforcement measures can be taken for the property. Affected by the macroeconomic environment. The national macro-control actions are frequent and unprecedented, especially the real estate subject to judicial auction, which is the main target of regulation. Both enterprises and individuals are generally not optimistic about the recovery of the real estate industry at present and in the foreseeable future. Without bank loans, enterprises and individuals can only look at the house and sigh; The scope of the auction announcement is narrow. Generally, auction cases are only published once in local newspapers, and many people can't see them in time. For the first auction case, the auction house does not issue an announcement about the subject matter. For the people's court litigation assets network, even the court police don't know much about it, and the publicity period of the assets network is short, and some of them have not been auctioned yet, but the publicity has expired, which is not conducive to potential bidders to understand the subject matter information; Restricted by the auction target. Due to the different types, circulation and market conditions of the sealed subject matter, there are many flaws in the subject matter, or even the flaws are unknown, and the intended bidders dare not bid easily; Improper evaluation method. There are three methods to evaluate assets: income method, liquidation method, market comparison method and replacement cost method. However, in order to maximize the benefits, evaluation agencies generally adopt the market comparison method, while for production equipment, the replacement method is used to evaluate the value. The buyer has no 65,438+07% tax deduction, and there is no guarantee for installation and maintenance, which makes potential bidders flinch. The "convention" that the transfer fees of the real estate subject matter is entirely borne by the buyer raises the cost. For example, the buyer of individual housing within 5 years has to bear the deed tax of 3%, the buyer of more than 5 years has to bear the deed tax of 3%, and the deed tax of the second set and the facade house is higher, thus reducing the bidder's bidding desire. First, strengthen the disclosure of subject matter information. We should make full use of the platform of the people's court litigation assets network, increase the publicity of the people's court litigation assets network, and let more people know about this platform. The second is to strengthen the collection of information on the defects of the subject matter, so that bidders can fully understand the auction subject matter. Third, for the auction of real estate, refer to the practices of Shanghai and other places. After the auction is completed, the transfer tax shall be handled according to the relevant provisions of the state, that is, the tax shall be borne separately, which further highlights the fairness of the auction. Fourth, adopt different evaluation methods for different assets. Some assets with large amount can't be bought by ordinary people, and people with financial strength are unwilling to spend energy and money on idle assets. If assets cannot be realized, they will only depreciate more and more. Therefore, if it is the means of production, it should be evaluated by liquidation algorithm to attract people's attention at a reasonable low price, so that bidders with funds and strength can participate in the competition and realize the realization of assets. After the auction of state-owned assets, the people's court shall auction at a discount again or pay off the debts directly. If both can't be realized, auction off the debt.
Legal objectivity:
Article 19 of the Provisions of the Supreme People's Court on Auction and Sale of Property in Civil Execution of People's Courts, if there is no bidder or the highest bid of the bidder is lower than the reserve price, if the application executor or other enforcement creditors present apply for or agree to accept the auction property at the reserve price determined by the auction, they shall pay off their debts. If two or more enforcement creditors apply for auction of property to pay off debts, the creditor with the first legal repayment order will be given priority; If the repayment order is the same, the beneficiary shall be determined by drawing lots. If the amount of creditor's rights payable by the debtor is lower than the price of the collateral, the people's court shall order it to make up the difference within a time limit.