[Direct answer]In principle, this is not allowed. Online signing and filing are records of administrative management and contract performance, and do not produce the effect of changing the ownership of real estate. According to Article 209 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the establishment, alteration, transfer, and extinction of real estate rights shall take effect upon registration in accordance with the law, and shall not take effect without registration. If the house is used to offset debts but the transfer registration has not been completed, the creditor still enjoys a general creditor's right, and usually cannot exclude other creditors of the registered name from enforcing the property. If a third party claims to exclude enforcement, it must meet the conditions stipulated in the "Interpretation of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by People's Courts" (Fa Shi [2020] No. 21), such as having paid all or most of the purchase price, signing a valid written sales contract before the seizure, etc. The action should be to complete the transfer registration as soon as possible, or to file an enforcement objection and an enforcement objection lawsuit in accordance with the law.

I. Problem Background and Typical Scenarios

The use of real estate as a form of debt repayment is a common method of settling private debts: when the debtor is unable to repay the debt, he/she uses the real estate under his/her name as a discounted repayment. Both parties sign and register the agreement online, issue receipts, and in some cases, hand over the keys. Once the debtor's other creditors apply for enforcement and the court seizes the property, the debt repayment party will claim that the house is already his/her own and request to exclude the enforcement. At this point, whether the house can be preserved depends on whether the rights have been "publicized" enough to resist third-party claims.

II. Key points of contention

First, the legal nature of online signing and filing: Is it a public announcement of property rights changes or a record of administrative management? Second, can the right holders of the unregistered debt settlement rights file an enforcement objection as a third party? Third, do they meet the exceptional conditions for excluding enforcement, such as "having paid most of the purchase price, signing a valid contract before the seizure, and not being at fault for the failure to register"? Fourth, does the use of the house as a debt settlement constitute malicious collusion and harm the interests of other creditors? Fifth, if the debt settlement price is obviously unreasonable, can it be revoked or rejected?

III. Professional analysis by Henglue Law Firm

The enforcement-related cases handled by Henglue Law Firm have repeatedly touched upon the core issue of "whether unregistered rights can resist forced enforcement". Firstly, a creditor obtained a judgment confirming that the debtor company should return service fees of over 400,000 yuan. After enforcement, the company had no assets to enforce and was ordered to terminate the enforcement. The lawyer retrieved the business registration file and found that the shareholders' subscribed capital had not been paid in full. Therefore, the lawyer argued that the company, having exhausted all enforcement measures and meeting the criteria for bankruptcy but failing to apply for bankruptcy, should bear supplementary compensation liability within the scope of unpaid capital. The court accepted this argument and ordered the shareholders to bear corresponding liabilities. Secondly, a creditor obtained a mediation agreement confirming that the debtor should repay 2 million yuan, but the debtor failed to fulfill the obligation. The court seized the debtor's real estate. A third party raised an enforcement objection on the grounds that he was the actual rights holder and the first-instance court suspended the enforcement. The lawyer represented the creditor in the appeal, focusing on the credibility of property registration: real estate rights are subject to registration, and borrowing someone else's name only creates an internal creditor-debtor relationship without transferring property rights, which generally cannot resist forced enforcement. The first-instance court misapplied the judicial interpretation of property rights and should use the provisions on enforcement objections and reconsideration as the legal basis for the third party to resist enforcement. Moreover, the third party did not obtain a valid title confirmation document in another case before the seizure, which did not meet the statutory conditions for resisting enforcement. The second-instance court adopted the above arguments, revoked the first-instance decision, and allowed the enforcement of the real estate. The common lesson from these two cases is that in the confrontation between "external appearance" and "internal agreements", real estate registration and a complete chain of rights transfer are the decisive factors in the enforcement process. The online signing and registration of housing as a debt repayment is more akin to a record of administrative management and contract performance, rather than completing the publicity of real estate rights transfer. Therefore, it is often difficult to obtain a status of resisting enforcement against other creditors' enforcement. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action List: 1. After using the property to settle the debt, handle the transfer registration as soon as possible to convert the creditor's right into a property right; 2. If it's truly impossible to transfer ownership in a timely manner, preserve the written debt settlement contract signed before the property was sealed, payment receipts, and evidence of possession and use; 3. The debt settlement price should be close to the market price to avoid being revoked due to a significantly unreasonable low price; 4. After the property is sealed, promptly file an objection to enforcement and a lawsuit against enforcement if meeting the statutory conditions; 5. Verify whether there are multiple debts and collusive behavior to avoid the debt settlement being deemed detrimental to other creditors. Main legal basis: Articles 209 and 214 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Articles 28 and 29 of the Supreme People's Court's Interpretation on Issues Concerning the Handling of Objections to and Reconsideration of Enforcement Cases (Legal Interpretation [2020] No. 21); The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

There are three key points to using a house as a debt repayment to resist enforcement: online signing does not equal transfer of ownership, and registration is the only way to establish property rights; unregistered debt repayment rights are generally just creditor's rights, which are difficult to exclude from enforcement; to avoid enforcement, one must provide evidence in accordance with the statutory exceptions. For matters involving creditor-debtor relationships and enforcement, you can seek legal advice through the following channels:Creditor's rights and debts, and enforcementThe service provides a comprehensive solution, which can be combined with real estate transactions and property rights registrationProperty transactions and construction projectsFor plates, those involving the validity of contracts can be referred to for referenceBusiness and contract disputes in enterprisesThe column provides consultation on corporate and compliance risk managementIntellectual property and corporate lawTeam, please contact us for difficult situationsSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If I use the house to settle the debt but haven't completed the transfer of ownership, and other creditors come to enforce the debt, can I still keep the house?

In most cases, this is not possible. If the ownership has not been transferred, you only have a creditor's right, and other creditors of the registered owner can still apply for enforcement. Only if the claim to exclude enforcement meets the statutory exceptions, is there a chance that it will be supported.

Q2: What evidence should be prepared to support the claim for exclusion of enforcement?

It is necessary to provide a legally signed written contract for debt settlement or sale before the seizure, payment receipts for all or most of the purchase price, proof of actual possession and use, and materials showing that the failure to transfer ownership was not due to their own fault.

Q3: Are the costs of filing a lawsuit challenging the execution of a judgment high?

The litigation fees shall be paid in accordance with the standards for property cases, and they are related to the subject matter of the dispute. The fees for the lawsuit against the execution of a third party's objection shall be calculated based on the value of the subject matter being executed or the value of the house, and the specific amount shall be determined by the court.

Q4: How long does it take from raising an objection to obtaining the results?

Generally, the execution court shall review the execution objection within 15 days from the date of receiving the written objection; if a lawsuit is filed against the ruling on the execution objection, it shall be tried in accordance with the ordinary procedure and usually be concluded within a few months.

Q5: After the online signing, my account was suspended. What should I do?

First, verify the order of the time of seizure and the time of debt settlement, and keep the contracts, payment and possession evidence. If the conditions are met, raise an execution objection in time, file a lawsuit against the execution objection if necessary, and consider completing the transfer of ownership.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.