Do the owners of unfinished buildings still use monthly payments, and can they stop monthly payments

Since there are relatively few buyers who buy real estate with a one-time payment, most of them are mortgages or installments, therefore, the purchase of ** has become an unfinished building, there is a problem of property ownership, therefore, we must go through legal channels to protect their legitimate rights and interests. First of all, if it is only the developer's funds that are broken, give the developer a little time, if the developer can raise funds in a short time and complete the follow-up project, the unfinished house can be resurrected. Secondly, if the developer goes bankrupt and the building is unfinished, the house cannot be returned to the developer.

Because after checking out, the buyer can only get a receipt or IOU. The relationship between home buyers and developers will change from a buyer-seller relationship to a creditor-debtor relationship. The creditor-debtor relationship has a lower priority than the consumer relationship in the subsequent auction bankruptcy and debt repayment sequence of the court.

Finally, after the developer goes bankrupt, the buyer can still apply to the housing management department for the property ownership certificate in accordance with the procedure.

To be returned. Although the building is unfinished, the bank loan has been issued, and the money you owe to the bank has nothing to do with the developer, and the property is collateral.

Of course, if you don't need the down payment and monthly payment you paid before, you can not pay it back, and the bank will collect the property auction to pay off the debt.

The house is unfinished, and you can only recover the loss from the developer.

You only have a loan relationship with the bank, and the house you buy has little to do with the bank.

So, you should continue to pay back the bank's money.

Interruptions will definitely affect your credit.

Of course. The monthly payment is repaid to the bank because after you take out a home loan, you owe money to the bank.

The monthly repayment has nothing to do with the developer. It is a direct lending relationship between you and the bank. So if you don't repay the bank loan on the grounds that the building is unfinished, you will be sued in court.

From a legal point of view, this method of rights protection is not advisable.

It is important to know that the purchase contract between you and the developer and the loan contract between you and the bank are two separate contracts. Your debt relationship with the bank will not change depending on the state of the house, and even if your house is facing failure due to the developer's financial problems, you will have to replace the bank's money.

In more serious cases, if your house is ruined, the bank also has the right to enforce your other property to recover the loan. Of course, no one wants the house to be unfinished, but in the process of defending rights, it is best not to cut off the monthly payment.

In the unfinished project, the parties include **, developers, banks, builders, and home buyers. Their direct relationship is intricate, and for the builder, the developer does not give money, and stopping the construction of the house is the last and only option.

In fact, banks and builders will tacitly disapprove of building a house, and if the developer can't pay the money, won't he become a philanthropist? In unfinished projects, only the buyers think that the house can be built.

Most of their logic is based on the fact that they will make a move. In the unfinished project, there are about five things that can be done, namely, directly supporting the continuation of the project, finding a third party to take over and continue to invest in capital development, coordinating the developer to raise funds to continue development, judicial channels, etc.

If the off-plan house is unfinished, can the mortgage be cut off? Who pays for hard-earned money?

If the supply is cut off, the loan will affect your personal credit, and the money has already gone to the developer. Even if you don't pay it back, the bank won't be able to collect the money, and the developer will stay out of it. It is recommended that buyers unite to find the local ** regulatory department to defend their rights, only the regulatory department can solve the problem, satisfied!

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In the case that the house has been unfinished, the general court will support the buyer to terminate the loan contract and stop repaying the loan, so when encountering an unfinished building, do not make the decision to cut off the mortgage without authorization, and go through legal procedures to legally terminate the contract.

Questions. Didn't the Internet say that there was a person in Zhejiang who won the lawsuit just now?

It's that he doesn't have to pay monthly.

February's. If you want to consult this kind of thing, you can go to the housing authority to ask, the most safe, because the housing policy in each place is not the same.

Questions. Is that so, what about this situation like Evergrande?

Dear, it's generally according to what I said above.

Questions. I don't know if I ask them.

Dear, if your house is unfinished, you can cut off the monthly payment In fact, even if it is a lawsuit, the general court will support your side.

But it's better to terminate the contract and go through the process.

Questions. If the contract is terminated, what about the down payment, and then the payment can be cut off?

Mmmm, yes.

1. How to buy an unfinished building.

If you buy an unfinished building, you can sue in the people's court and require the other party to bear the liability for breach of contract and pay liquidated damages in accordance with the contract. According to Article 30 of the Administrative Measures for the Sales of Commodity Housing, a real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on schedule. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

2. How to judge whether the house sale contract is valid.

The circumstances for judging whether the house sale contract is valid are as follows:

1.Clarify the validity of the contract:

1) Whether the parties to the contract have the capacity for civil conduct, 2) Whether the signing of the contract is a voluntary expression of the true intention of both parties, 3) Whether the content of the contract violates the mandatory provisions of laws and administrative regulations, and whether it violates public order and good customs;

4) Whether the content of the contract harms the national interest, the public interest or the legitimate rights and interests of others.

2.Formal requirements for a contract for the sale and purchase of a house:

1) When transferring real estate, a written transfer contract shall be signed, and the contract shall clearly state the method of obtaining the right to use the land.

2) The agreement for the sale and purchase of a house is a written contract.

3. What are the terms of breach of contract for the sale and purchase of houses?

1.Anticipation of default. The expected breach of contract for the sale and purchase of commercial housing in China is basically the same as that of the general contract, which can be divided into two specific types:

1) Expected refusal to perform means that after the contract is validly concluded and before the expiration of the performance period agreed in the contract, one party indicates to the other party in words or deeds that it will not perform its obligations under the contract as agreed.

2) Expected non-performance means that before the expiration of the performance period of the contract, there are circumstances indicating or one party discovers that the other party will not be able to perform its obligations under the contract at that time. auspicious ruler.

2.Actual breach.

3.Improper performance.

Article 597 of the Civil Code of the People's Republic of China provides that if the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions. Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

The contract for the sale and purchase of the house signed between the owner and the developer and the loan contract signed between the owner and the bank are two independent contracts that do not intersect. If the borrower refuses to repay the bank loan because the house is unfinished, the borrower should be liable for breach of contract. The parties shall fully perform their obligations in accordance with the agreement.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Users can only negotiate with developers, insurance and other relevant personnel through the information in their hands to determine whether the house will continue to be built, and if the project is long-term, the user can terminate the loan contract; or file a lawsuit in accordance with the law to request the termination of the purchase contract and the bank loan contract. If the contract for the sale and purchase of commercial housing has been terminated, then the purpose of the commercial housing guarantee loan contract cannot be realized, so you can request the cancellation of the commercial housing guarantee loan contract; After the commercial housing guarantee loan contract is terminated, the buyer does not have to continue to repay the loan.

The legal basis is Liang rotten limbs: Article 563 of the Civil Code of the People's Republic of China.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of a non-permanent term contract with the content of continuous performance of debts, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

The house becomes an unfinished building, and the buyer should deal with it according to the actual situation. If the unfinished part of the house does not affect the house purchased by the buyer, the buyer can request the developer to deliver the house and apply for the real estate certificate according to the time limit agreed in the contract; If the house becomes unfinished and affects the house purchased by the buyer, the buyer can communicate with the developer to determine whether the developer will continue to perform Cong Sen, and if the developer promises to continue to perform, the buyer can give a certain grace period to allow the developer to raise funds to continue to complete the construction of the house.

In the event of a failed real estate project, buyers should not be impulsive and return the house to the developer.

At this time, the developer has no funds in his hands, and even if he checks out, the buyer can only get a receipt or IOU, but cannot get the purchase price. If the developer becomes insolvent and goes into liquidation, its assets will be auctioned off by the court. According to the Bankruptcy Law, it is easier for home buyers to receive compensation from developers than ordinary creditors.

If you choose to move out, then the consumer becomes the developer's creditor, and the order of compensation comes after the buyer.

1. If the house is unfinished, do I still need to repay the mortgage?

From the perspective of legal relations, it is necessary to continue to repay the loan at this time. The debt relationship between the buyer and the bank does not change depending on the state of the house.

The buyer and the developer are in a buying and selling relationship, and the buyer and the bank are in a lending relationship. Although the mortgage loan is premised on the purchase contract, the two contracts are independent.

The buyer can hold the developer accountable, but after applying for the loan, the bank has the right to require the borrower to repay the loan on time, which has no direct relationship with the developer. If the buyer refuses to repay the loan, the buyer will be liable for breach of contract with the bank.

However, if the buyer encounters such an event, he can first negotiate and negotiate with the bank and insurance company, and the lending bank will come forward to communicate with the developer, and if the unfinished situation is long-term, he can also apply to the bank for the suspension of the mortgage contract.

If the house is unfinished, if the owner has paid the full amount and cannot deliver the house due to the unfinished house, the house sale contract can be terminated at the expiration of the three-month period after the reminder. If the developer fails to complete the property due to bankruptcy, the buyer can file a claim.

Paragraph 1 of Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts stipulates that, in accordance with the provisions of Article 563 of the Civil Code, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 11. According to Article 563 of the Civil Code, if the seller delays the delivery of the socks to pay for the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 563.

If the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right of rescission to terminate the contract shall be supported, unless otherwise agreed by the parties.