Best Foreclosure Lawyers in China

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Junhe Law Office
Beijing, China

Founded in 1989
50 people in their team
Chinese
English
JunHe, founded in Beijing in 1989, is one of the first private partnership law firms in China.  Since its establishment, JunHe has grown to be a large and recognized Chinese law firm.  The firm has thirteen offices around the world and a team comprised of more than a thousand...
Junzejun Law Offices
Beijing, China

Founded in 1995
50 people in their team
Chinese
English
JunZeJun Law Offices ("JunZeJun") was founded in 1995 with its headquarters in Beijing. It is one of the earliest partnership law firms in China, as well as one of the largest, well-recognized law firms in China.JunZeJun has so far established 18 offices in Shanghai, Shenzhen, Guangzhou, Tianjin,...
Zhejiang Lawyer Association
Hangzhou, China

Founded in 1984
50,235 people in their team
English
The Zhejiang Province Lawyers Association is the statutory self regulating body for lawyers in Zhejiang province. Founded in 1984, it is composed of Zhejiang's lawyers and law firms and serves as the professional home for the region's legal practitioners. It operates under the supervision of the...

72 people in their team
English
Shandong Hengming Law Firm is a Weifang based practice that has been recognized since 2008 as an outstanding law firm in Shandong Province, a Weifang excellent law firm, and a model unit. The firm serves enterprises, public institutions, and individual clients, delivering accurate, timely and...
Jiehua Law Firm
Shanghai, China

Founded in 1994
50 people in their team
Chinese
English
Shanghai Jiehua Law Firm was established in July 1994.It is the group member unit of Shanghai law society,and is the second batch of enterprise bankruptcy case manager of Shanghai,and is Shanghai good foundation legal units.Ever since the establishment of Jiehua, by continuously pursuing the...

English
Heilongjiang River Longdian Law Firm is a Chinese law firm based in Heilongjiang Province that provides comprehensive general practice services, with emphasis on corporate and commercial matters, dispute resolution, and regulatory compliance.The firm is known for its experienced attorneys who...
Hengliang Law Firm
Shanghai, China

Founded in 2008
50 people in their team
Chinese
English
Outstanding because of professionalismShanghai Hengliang Law Firm is a partnership law firm registered in the Shanghai Municipal Justice Bureau and invested and cooperated with Shanghai Jiao Tong University Logistics Group. It is one of the few boutique lawyers in Shanghai that fully relies on...
Dayu Law Office
Beijing, China

Founded in 1994
50 people in their team
Chinese
English
Beijing Dayu Law Firm is a comprehensive professional legal service organization. It was founded in 1994 and has gone through ups and downs for more than 20 years. For more than 20 years, Dayu Law Firm has adhered to the belief of "perseverance, pursuit of truth and justice" and the practice...
Hylands Law Firm
Shenzhen, China

Founded in 1997
50 people in their team
Chinese
English
Hylands Law FirmHylands Law Firm was established in 1997 and headquarted in Beijing. Over years of development, Hylands now has 31 offices and 1 IP Agency in cities across China, including Beijing, Shanghai, Guangzhou, Shenzhen, Changsha, Chengdu, Chongqing, Fuzhou, Guiyang, Haikou, Hangzhou,...

Founded in 1991
English
The Associação dos Advogados de Macau (AAM), established in 1991, serves as the professional body representing over 400 lawyers in Macau. As a public legal entity and an autonomous association, AAM is dedicated to upholding the rights and dignity of legal practitioners, promoting the rule of law,...
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About Foreclosure Law in China

Foreclosure in China refers to the legal process whereby a lender seeks to recover the balance of a loan from a borrower who has stopped making payments by forcing the sale of the asset used as the collateral for the loan, typically real estate property. The foreclosure process in China is governed by national law with guidelines on how financial institutions manage non-performing loans, particularly in the context of real estate. The process tends to lean towards protecting debtor rights while also ensuring creditors can recoup losses.

Why You May Need a Lawyer

Legal situations involving foreclosure can be complex and financially significant. Here are common scenarios where individuals or businesses might need legal assistance:

  • Negotiation with Lenders: A lawyer can negotiate terms with the lender to prevent foreclosure through repayment plans or loan modification.
  • Legal Representation: If your property is at risk of foreclosure, a lawyer can represent you in court proceedings.
  • Understanding Rights and Obligations: Chinese foreclosure laws have numerous obligations for both borrowers and lenders, which need expert interpretation.
  • Debt Restructuring: A lawyer can assist in restructuring your debts to make payments more manageable.
  • Buyback Options: Legal experts can advise on any buyback rights or redemption periods available under Chinese law.

Local Laws Overview

Foreclosure in China is primarily guided by the Property Law and relevant judicial interpretations. Key aspects include:

  • Judicial Foreclosure: In most cases, foreclosure requires court proceedings. This ensures oversight and fairness in the process.
  • Non-performing Loans: Regulations strictly define when loans are non-performing and trigger foreclosure actions.
  • Debtor’s Rights: Borrowers have rights to redeem their property by settling the outstanding debt before sale completion.
  • Bidding Process: Foreclosure auctions are conducted under judicial supervision to ensure transparency.
  • Consumer Protection: Laws exist to protect consumers from predatory lending practices leading to foreclosure.

Frequently Asked Questions

What is the foreclosure process in China?

The foreclosure process in China typically requires court intervention. After a borrower defaults, the lender files a lawsuit. If the court rules in the lender's favor, the property may be auctioned or sold to recover the loan.

How long does foreclosure take in China?

The entire process can take several months to over a year, depending on the complexity of the case and the court's schedule.

Can I stop a foreclosure once it has started?

Yes, borrowers can negotiate with the lender for repayment options, or through legal intervention, they might seek to halt the process.

What are my rights during a foreclosure?

You have the right to be informed of proceedings, to settle debts before the sale of the property, and to receive any surplus from the auction after debts are paid.

Are there any alternatives to foreclosure?

Alternatives include loan modification, payment restructuring, short sales, or property auctions through negotiation to avoid full legal foreclosure.

Can foreigners face foreclosure in China?

Yes, foreign property owners in China can face foreclosure under similar conditions as Chinese nationals if they default on loans.

What happens to my credit score after a foreclosure?

A foreclosure can significantly impact your creditworthiness, affecting future loan applications and interest rates.

Do I need to vacate my property immediately after foreclosure is initiated?

No, you do not need to vacate immediately. Legal processes must be exhausted before eviction.

Can banks foreclose without court proceedings?

Generally, banks need to proceed through court channels to ensure lawful foreclosures.

What is the role of the People's Court in foreclosures?

The People's Court oversees the foreclosure proceedings, adjudicates disputes, and ensures judicial foreclosure sales are conducted fairly.

Additional Resources

For assistance with foreclosure issues, consider reaching out to the following:

  • Local Legal Aid Centers: They offer affordable or free legal advice.
  • Chinese Banks and Financial Institutions: Reach out for discussions on loan terms and conditions.
  • Non-Governmental Organizations (NGOs): Some NGOs provide support to consumers facing debt or mortgage issues.
  • China Banking and Insurance Regulatory Commission (CBIRC): This body offers guidelines and supervision on financial regulations.

Next Steps

If you are in need of legal assistance regarding foreclosure in China, consider the following steps:

  1. Consult a Lawyer: Finding a lawyer who specializes in Chinese real estate and foreclosure law can be invaluable.
  2. Gather Documentation: Organize essential documents like loan agreements, payment records, and any lender communications.
  3. Understand Your Rights: Familiarize yourself with your legal rights as a borrower in a foreclosure situation.
  4. Negotiate with Lenders: Attempt to reach an agreement with the lenders to avoid court proceedings.
  5. Prepare for Proceedings: If unavoidable, be ready to participate in legal proceedings with adequate legal representation.

Lawzana helps you find the best lawyers and law firms in China through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Foreclosure, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.