[Direct answer]In the Beijing area, if it's not possible to clear the scene, it doesn't mean it's impossible to evict. There are four paths according to the intensity of the case: 1. If the auction announcement states that "the party responsible for the eviction" can directly apply to the enforcement court for eviction and delivery, the court can forcibly remove the occupant and impose fines or detention on those who refuse to cooperate; 2. If the announcement does not promise eviction but the occupant's lease was established after the property was mortgaged or sealed, the lease cannot resist enforcement. You can sue to confirm that the lease cannot resist enforcement and apply for eviction; 3. For cases where the original owner or third parties have no right to occupy, you can sue for property infringement, demanding that they move out and pay occupancy fees; 4. For cases where the occupant maliciously colludes with others to backdate leases or fabricate long-term leases to obstruct enforcement, you can apply for a review of the enforcement objection and investigate the responsibility for false litigation. It's ten times easier to clarify "who is living there and on what basis" before the auction than to clear the scene after the auction.

I. Problem Background and Typical Scenarios

The school district house, which was purchased at a 40% discount, turned out to have the original owner's 80-year-old mother living there and refusing to leave after the transfer of ownership. The owner couldn't persuade her to leave, couldn't evict her, and reported the case to the police as a civil dispute to be resolved independently. The owner was stuck in the middle for several months without any progress. The difficulty in delivering foreclosed properties is the biggest source of price discounts in the entire category, and it's also the aspect that novices are most likely to underestimate. Fortunately, the law has prepared corresponding eviction tools for each type of occupant.

II. Key points of dispute

Firstly, the identification of the occupier's identity and the source of the right of possession, and the distinction between genuine leases and false leases; Secondly, the application boundaries of the rule that the lease is not affected by the sale and the rule that the mortgage takes precedence over the lease; Thirdly, the division of responsibilities between the court and the parties involved in the eviction and the delivery of the property in its current state; Fourthly, the scope of claims for possession and use fees and the eviction deadline.

III. Professional analysis by Henglue Lawyers

The first layer is to first distinguish who is living there: the original owner himself occupying the property, relatives staying temporarily, third-party genuine lessees, false lessees resisting enforcement, and bona fide purchasers who have paid the full amount and moved in—five categories of subjects correspond to five sets of rules. The enforcement logic of resistance can be viewed along a timeline: if the lease or occupation was established after the establishment of the mortgage or the court's seizure, the provisions of the Civil Code on the relationship between the mortgage and the lease cannot resist the registered priority compensation rights, and the purchaser has the right to request eviction after obtaining ownership. The second layer is path selection: if the announcement promises to be responsible for eviction, after the transfer, apply to the enforcement bureau for forced delivery in accordance with the provisions of the Civil Procedure Law on evicting the house. The court shall issue a notice ordering performance, and if the eviction is not carried out within the time limit, fines and detention may be imposed, and clues of refusing to execute the judgment may be transferred to the investigation. If the announcement is for actual delivery, litigation for removing obstructions or litigation for rescinding the lease may be initiated. After winning the case, enforcement can still be applied for. The third layer is the review of false leases: if the rent is obviously lower than the market price, the lease period lasts for more than ten years, the entire rent is paid in one go, and the signing time is earlier than the mortgage but without registration and payment records to support it, the court may comprehensively determine that there is malicious collusion, and the lease is invalid. The intermediaries and original owners involved in backdating the lease face fines, detention, and even criminal responsibility. The fourth layer is exceptions for bona fide occupants: genuine tenants who signed the lease and actually moved in before the mortgage and have paid the rent on time apply the principle that the sale does not break the lease, and the buyer must tolerate the remaining lease term. Third-party purchasers who have paid the full amount but not transferred ownership and claim to block enforcement shall go through the objection procedure for enforcement targets to review. Only if they meet the special protection conditions for consumer home buyers may they exclude enforcement. Eviction is a battle of "right source versus timeline": pinning down the mortgage time, seizure time, lease time, and moving-in time one by one, it becomes clear who has the right to live and who must leave. The value of eviction litigation is not just about obtaining a judgment. The claim for daily accumulated possession and use fees will make the occupant calculate the economic cost of moving themselves, and most deadlocks will loosen up during the litigation process.

IV. Practical Suggestions and Legal Basis

The first step is to inspect the property in person before the auction, verify the identity of the occupant and the source of their rights, and keep a record of the communication. The second step is to send a notice to the occupant requiring them to vacate the property within a specified timeframe after the transfer of ownership, and retain the delivery receipt. The third step is to announce the application for court-enforced delivery of the property to the occupant, and promptly initiate litigation to remove obstructions or terminate the lease agreement if no such commitment has been made. The fourth step is to simultaneously claim occupancy fees, calculated based on the rental standards of the same area. Main legal basis: - Provisions on forced eviction from housing in the *Civil Procedure Law of the People's Republic of China* (amended in 2023); - Article 236 of the *Civil Code of the People's Republic of China* (effective January 1, 2021) regarding the removal of obstructions and Article 405 regarding the relationship between mortgages and leases; - Provisions on review of enforcement objections in the *Interpretation of the Civil Procedure Law by the Supreme People's Court*. Specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

The mnemonic for clearing the auction site: First identify the people involved in the property inspection; fix the timeline; determine the legal path based on the announcement; and apply pressure through occupancy fees—once the legal ownership is clarified, the occupants will leave. For cases involving eviction enforcement and possession disputes, please consult a lawyer for further assistance.Creditor's rights and debts, and enforcementThe team is responsible for the corresponding business lines. For those involved in due diligence during the bidding process, they can do so throughProperty transactions and construction projectsObtain a comprehensive solution for the service; for disputes involving false leases and contracts, you can combine it with other legal services to resolve the issue comprehensively.Business and contract disputes in enterprisesPlate; for other real estate-related issues, you can refer to the following for more information.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Are the tenants of the properties being evicted by the court still worried about the forced removal?

The risk has been significantly reduced, and the court can force the eviction; however, the clearance period still depends on the occupier's cooperation, so it's still necessary to understand the occupancy situation before the auction.

Q2: Can the water and electricity be cut off if the original owner refuses to leave?

It is not recommended to attempt self-rescue, as this might result in counter-claims against you. The correct approach is to apply for enforcement or file a lawsuit to remove obstacles, with public authorities assisting in the eviction process.

Q3: What should we do with the 20-year long-term lease contract?

Check the authenticity of the lease and the time of its establishment: Leases established after a mortgage or seizure cannot be used to resist enforcement; those signed with malicious collusion and backdated are invalid, and the parties involved can apply for a review and seek accountability.

Q4: Can we ask the occupant to pay the usage fees for these years?

Yes. The occupancy and use fees during the period of non-authorised possession can be claimed according to the rental standard of the same area, and be raised together with the request for eviction. Calculating the fees on a daily basis will have a significant deterrent effect.

Q5: Can the only housing be refused for eviction?

It is not possible to oppose the transfer of ownership; the court will guarantee basic living arrangements (such as a grace period, lease relocation, or rent compensation), but the obligation to move out remains unchanged.

The above answer is based on the judicial practice in Beijing. The adjudication standards 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 relevant evidence materials to avoid missing the statutory time limit.Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a dispute arises, please consult a practicing lawyer in time.