[Direct answer]Follow special procedures. According to the provisions of the Civil Procedure Law of the People's Republic of China on special procedures for realizing security rights, the secured creditor and other persons entitled to request the realization of security rights may apply to the basic people's court where the secured property is located or where the security right is registered; after the court accepts the application and reviews it, if it meets the legal requirements, it shall order the auction or sale of the secured property, and the parties may apply for enforcement based on this; if it does not meet the requirements, it shall order the rejection, and the parties may bring a lawsuit separately. This procedure is relatively simple for review, and the court shall conclude the review within 30 days from the date of accepting the application, which is suitable for cases with clear rights relations and no major disputes.

I. Problem Background and Typical Scenarios

If the borrower fails to repay the loan on time, the mortgagee wants to dispose of the mortgaged property or vehicle as soon as possible to recover the repayment. However, it takes a long time to go through ordinary litigation with first and second instance trials. In contrast, the special procedure for realizing the right of mortgage can obtain an enforceable ruling in a relatively short time and quickly dispose of the mortgaged property. However, this procedure is based on the premise that the facts are clear and there are no substantive disputes. Once the respondent raises a valid defense, the court may reject it, and the creditor will still need to return to the litigation track.

II. Key points of contention

Firstly, the applicant and the jurisdictional court. Secondly, the application materials and the scope of review. Thirdly, the effectiveness of the ruling and its enforcement. Fourthly, the handling of objections raised by the respondent.

III. Professional analysis by Henglue Law Firm

The first layer concerns the applicants and jurisdiction: the guarantor, the mortgagor, the pledgor, and other persons entitled to request the realization of the guarantor's rights, such as the debtor whose property has been retained, may all file an application; jurisdiction lies with the basic-level people's courts where the guarantor's property is located or where the guarantor's rights are registered. If the guarantor's rights involve multiple scattered properties, applications may be filed separately or the main property's location may be selected. The second layer focuses on application and review: when applying, the applicant must submit the guarantee contract, the principal creditor's certificate, the guarantor's rights registration or possession certificate, and materials showing that the debt has reached the repayment period but has not been repaid. The court primarily conducts formal and limited substantive reviews, examining whether the guarantor's rights have been validly established, whether the creditor's claim has matured, and whether the scope of the guarantor's property is clear. Generally, the court does not resolve complex substantive disputes. The third layer involves adjudication and enforcement: if the application meets the requirements, the court will adjudicate the auction or sale of the guarantor's property, and the applicant may enforce the judgment. The proceeds from the disposition will be used to repay the debt in accordance with legal order, with any surplus returned to the debtor or mortgagor. The fourth layer addresses objections and conversion: if the respondent raises substantive objections to the establishment or effectiveness of the guarantor's rights, the amount of the creditor's claim, or the scope of the guarantor's property that could affect the judgment, the court will typically dismiss the application. The applicant must then file a civil lawsuit separately. Henglue advises that rights holders should refine the terms of the guarantee contract and registration procedures in advance, clarify the guarantor's property, the scope of the creditor's claim, and the repayment order to reduce the risk of dismissal. For cases with significant disputes, direct litigation may be more secure.

IV. Practical suggestions and legal basis

First, confirm whether the security right has been effectively established and registered or possessed. Second, submit an application to the basic-level court where the secured property is located or registered, and prepare the main creditor's claim and guarantee materials. Third, pay attention to the 30-day trial period and apply for compulsory enforcement promptly after obtaining the ruling. Fourth, anticipate the risk of the respondent's objections and, if the dispute is significant, promptly convert it to ordinary litigation to avoid delaying the disposal opportunity due to improper procedural choices. Main legal basis: The provisions of the Civil Procedure Law of the People's Republic of China on the special procedures for realizing security rights, and the provisions of the Property Law of the People's Republic of China on mortgage rights, pledge rights, and lien rights (effective from January 1, 2021). Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key steps to realizing a security right: following a special procedure, applying to the basic-level court where the property is located or where it is registered, and concluding the case within 30 days; this approach is suitable for cases with clear relationships and minimal disputes; if the respondent raises substantive objections, the application will be rejected and the case will be transferred to litigation. For cases involving the realization of security rights, the following methods can be used:Creditor's rights and debts, and enforcementFor services that require an overall solution and involve contracts and guarantees, they can be combined with other services.Business and contract disputes in enterprisesFor plates involving the disposition of real estate, you can refer to the following for reference:Property transactions and construction projectsFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Do I need to go to court to enforce a security right?

There's no need to go through ordinary litigation. It belongs to a special procedure. You can file an application with the basic-level court, and the court will make a ruling after reviewing it. However, if the dispute is quite serious, it may still require a separate lawsuit.

Q2: Which court should I apply to?

Apply to the basic people's court at the location of the secured property or the registration location of the secured right; if the property is scattered across multiple locations, you can apply separately or choose the court at the location of the main property; before applying, you should confirm that the secured right has been established and registered or delivered in accordance with the law.

Q3: How long will it take to get the results?

The court shall conclude the case within 30 days from the date of accepting the application. If the conditions are met, the court shall decide to auction or sell the secured property, and the applicant may apply for enforcement based on the court's decision.

Q4: What should I do if the other party doesn't agree?

It will not affect the application, but if the respondent raises substantive objections that could affect the establishment of rights, the court may reject the application. In this case, it will be necessary to initiate a civil lawsuit to resolve the dispute.

Q5: Can the ruling be directly enforced?

Yes. After obtaining the ruling on auction and sale, you can apply for enforcement. The proceeds from the disposal shall be used to pay off the creditor's claims in accordance with the statutory order, and the remaining part shall be returned to the debtor or the guarantor.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided 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. In case of disputes, please consult a practicing lawyer in time.