What should I pay attention to when distraining mortgaged house and land at the bank?

Article 88 of the 2008 Law on Civil Judgment Execution, at least 03 working days before distraint, enforcers shall notify representatives of commune-level administrations or representatives of the resident groups where coercion is organized together with the concerned party, persons with related interests and obligations regarding the time, place and distrained property.

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When distraint of mortgaged real estate, the enforcer must notify the bank and when handling the distrained property, the bank will have priority for payment as specified above.

When the involved party notified is absent, he/she can authorize another person. If they are properly notified but are still absent, the distraint will still be conducted but there must be a witness and this content must be written in the distraint minutes.

Distraint minutes must be made in writing and clearly state the time, date, month and year of distraint as well as full names of enforcers, involved parties, witnesses, related persons, developments and descriptions of each property…