Bankers say that the mortgage suspension of the owner of the unfinished building is a default, who w

Bankers said that the owner of the unfinished building stopped the loan as a default, and if he refuses to repay the loan, he may be pulled into the credit blacklist! As soon as the remarks of the bank's internal staff came out, it caused a wide range of heated discussions! Most netizens complained about the owners of the unfinished buildings, thinking that they had paid the down payment and had to bear a lifetime of "bad debts" for the unfinished buildings, which was really unfair!

The owner buys a house to move in, to get married, or to let the child have a hukou to go to school! The owners have poured out their savings and even used their parents' pension money to make a down payment, they have poured out the hard-earned money of two generations, and they have no house to live in, but they have to take a loan for this house for 30 years? Where does that come from?!

The owner issued a notice to stop repaying the loan, it is really helpless, they have no money to repay, they have been forced to be cornered, they have nothing, why not be afraid of being pulled into the credit blacklist! The owners said that they bought a house, regretted it for a lifetime, dragged down three generations, they hope that there is a department that can get justice for them, and they hope that they can have a lamp for thousands of lights! The owners of these unfinished buildings are really miserable, after their wages are repaid the loan, they still have to rent a house and pay part of the rent, except for these two items, there is not much left!

For a house that they can't live in, they have become unfilial children, and they have become old men in the eyes of their relatives, how innocent they are!

Issue. The problem of unfinished buildings is a relatively big problem! If you want to solve this problem, only by setting up a special department to specialize in this problem can we solve the unfinished buildings in major cities across the country!

The house is about people's livelihood, and the owners are in pain for this, and it is time for the relevant departments to stand up and seek justice for the owners!

Right and wrong. The owners stopped the loan, which is indeed a breach of contract from the contract! Breach of contract is wrong!

However, the owners are in breach of contract! It was the developer who defaulted first, and they had no money to return to, so they had no money to repay the loan, so they could only stop the loan! Right and wrong are particularly obvious in the unfinished building!

Hopefully this matter can be properly resolved!

Bankers say that the mortgage suspension of the owner of the unfinished building is a default, what do you think about this?

Bankers said that the owner of the unfinished building stopped repaying the loan as an act of agreement, which is in fact reasonable. According to the current sales contract between the owner and the developer and the mortgage loan contract between the owner and the bank, in fact, it is difficult for the owner to seek justice, and the owner can only seek justice through litigation. <>

1. Bankers said that the owner of the unfinished building stopped the loan as a default

At present, there have been many places where the owners of unfinished buildings have stopped repaying loans, but the relevant banking insiders claim that this cessation of loan repayment is a breach of contract, why do you say so? The owner and the bank signed a mortgage loan contract, and the owner and the developer signed a sales contract, which means that the owner repays the loan is an unpaid obligation, that is, an unconditional obligation, as long as the owner does not repay the loan in time, this may not only affect the owner's credit, but also the bank can also be eligible to forcibly repossess the property after the reminder. <>

According to this logic, according to the judicial precedents of China's law, the vast majority of unfinished property owners generally have only two consequences when they stop lending - that is, there is a problem with credit investigation or the house is forcibly expropriated. In fact, many people can understand the anxiety of the owners at present, but according to the law, it is indeed difficult to protect their rights, according to the relevant judicial precedents in China, in fact, there are also courts that rule that the owners of unfinished buildings to stop repaying loans is a legal act, so how can this situation occur? If the bank transfers the loan to the landlord into a non-custodial account, that is, the account of a non-specific developer, then the bank's loan procedure is flawed, and the landlord has the possibility of winning the lawsuit.

Second, only the owners themselves can get justice for themselves<>

According to the current form of fermentation, in fact, only the owner can seek justice for himself, and many owners want to prove that the bank has irregular lending behavior, which means that the bank can only bear the corresponding responsibility if there are procedural defects or defects, otherwise the owner will not be able to repay the loan.

According to the relevant laws and regulations, the rights and interests of the owners should be protected, although the loan of the unfinished building has been suspended, but some kind of provision has been reached between them, so they should continue according to the previous contract, and cannot default casually.

According to the law, it is indeed a breach of contract, and the most critical thing now is the coordination of all parties, such as requiring the real estate company to use the first funds to pay for the project to ensure the smooth delivery of the house. It is difficult to say that the bank can be asked to grant grace.

It can only be done by the local ** to get justice for the owners, ** is to serve the people, and now so many owners have been wronged, and they can only come forward to do these things.

The property is unfinished, the owner suspends the loan, and the bank sues, and the developer should bear the main responsibility for this matter. If it weren't for the developer's failure to complete the property, the owners would not have stopped paying the mortgage loan to the bank, and there would be certain problems on the bank's side. Because the bank illegally lends money to the developer in advance, the developer will easily lead to the unfinished house due to the instability of the investment project after the developer gets the house payment.

For the local government, we should also investigate how many unfinished buildings there will be in the local area, and 42 real estate projects have been unfinished across the country. <>

With the gradual emergence of unfinished buildings in Jiangxi, Hunan, Henan and other places, there are many places across the country that have unfinished buildings. There are more and more unfinished buildings facing the first grade, and many owners choose to join forces and stop repaying mortgage loans to banks together. If some landlords choose to stop paying their mortgages, it will have a serious impact on their creditworthiness, and they just want to vent their frustrations.

After all, after buying a house, others can live in the house as scheduled, but for the owner of the unfinished building, not only do they need to keep repaying the mortgage to the bank, but they also have no right to live. <>

The owners who bought the unfinished property have obviously bought the house, paid the down payment, and kept repaying the mortgage loan to the bank every month. However, the house purchased did not meet the living conditions, and there was no ability to renovate it, so I had to choose to rent a house outside. When the owners choose to rent a house outside, it has already caused personal financial losses.

After all, during the epidemic, many owners did not have the opportunity to go out to work, and they would be a little stressed when it came to repaying their mortgages. <>

As a local **, when restricting developers from pre-selling houses, they should reasonably follow the requirements of the specifications. For owners, when buying a house, try to choose a building building, and do not consider small developers, because most small developers have a shareholder system. There will be more shareholders involved, and once a ** owner chooses to withdraw shares, it will become more difficult for the entire real estate to operate.

The main responsibility lies with the real estate company, which has violated the purchase agreement, causing direct financial losses to the owner and infringing on the interests of the owner and the bank.

The person in charge of the property should be held primarily responsible, but there are certain problems in this case, and it is not carried out according to a specific contract.

Developers, companies and companies responsible for supervising buyers' deposits and related companies should be responsible for this matter, and they have not done a good job of supervising themselves, which has led to such a thing.

1. The loan can be suspended with the consent of the bank. After the house is unfinished, the owner can suspend the repayment of the mortgage with the consent of the bank. If the owner stops the loan without the consent of the bank, it will constitute a debt default and will bear the corresponding liability for breach of contract

1) Apply to the bank to suspend the loan.

Owners may collectively apply to the bank to request a temporary suspension of the repayment of the loan, and if agreed, sign a repayment agreement.

2) Seek help from the ** department.

The owners can collectively seek help from the ** department, ask it to intervene, ask the developer to resume work, deliver the house as soon as possible, and suspend the repayment of the mortgage.

3) Filing a lawsuit with the court.

The owners can collectively file a lawsuit with the court to demand that the developer bear the liability for breach of contract and terminate the purchase contract and mortgage contract, and if the contract is terminated, the owner does not need to repay the loan.

2. Legal basis:

Civil Code of the People's Republic of China

Article 678:[Loan Extension] The borrower may apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.

1. What is the process of buying a house with a loan?

1. Application: The borrower and the co-applicant apply for the loan at the management department of the housing provident fund with the corresponding loan requirements, and the borrower fills in the provident fund loan application approval form.

2. Preliminary review: The acceptance personnel shall conduct a preliminary review of the materials according to the loan policy, enter the information in the form, and after the review is qualified, the system will output the contract text and loan IOU.

3. Signature: The borrower and the co-applicant should sign at the designated position of the above loan text and the bank withholding agreement.

4. Insurance: The borrower and the co-applicant go to the insurance company window to handle the insurance (loan repayment guarantee insurance and property damage insurance) and mortgage procedures.

5. Loan: After the mortgage procedures are completed within the time limit of publicity, the management department of the center will review the receipt and loan materials and entrust the bank to transfer the loan to the bank card (discount), and the borrower will collect it at the entrusted bank with the original ID card.

6. Repayment: The borrower shall deposit the principal and interest payable into the bank card (passbook) or repay the loan at the window of the opening bank within the time limit agreed in the bank withholding agreement every month until the loan is fully repaid.

2. How long the final payment of the house is overdue is deemed to be a breach of contract.

If the buyer fails to pay the balance of the purchase of the house at the agreed time, it will constitute a breach of contract and will bear the liability for breach of contract.

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.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

If the two parties have signed a contract, but 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. Accordingly, there are three basic forms of liability for breach of contract, namely, continued performance, remedial measures and compensation for losses. Of course, in addition to this, there are other forms of liability for breach of contract, such as liquidated damages and deposit liability.

The owner of the unfinished building took the initiative to stop the loan, which is what we call the interruption of the loan. In fact, it is not in accordance with the law for the owner to do this, because the buyer signs a contract with the developer for the sale of the house and a loan contract with the bank, and the trouble left by the real estate developer should not be borne by the bank. However, the owner is soft-spoken, and there is no way to find a real estate developer, so he can only attract the attention of the society in this way, so that the bank and the real estate developer can negotiate, so that the house can be built faster, and it is not in a state of suspension all the time.

When the economy is relatively good, real estate developers are of course rich and can build the house well, but the change in the economic situation has caused problems in the capital chain of real estate developers, thus leaving the building in a bad situation. It's not anyone's fault, it can only be said that the economic environment has changed, everyone is a victim of it, and in the end it is the owner who is responsible.

If the owner wants to reasonably protect his rights, he can apply to the relevant departments for information disclosure, find out the financial situation of the real estate developer, and see if he has the ability to complete the construction of the house. If the house is really overdue, you can file a lawsuit with the real estate developer to make them pay liquidated damages. But this is really difficult, because the real estate developer may have a whole team of lawyers, and the average owner has no way to win the relationship, but will waste their time and money.

The road to rights protection is more difficult to walk, but if you don't take action, the owners' houses may never be built, so many owners choose to cut off the payment, hoping to force the bank. This is actually a forced and helpless approach, not that the owner does not want to repay the money, but there is no money in his hands, and the delivery of the house is far away, and he is not in the mood to repay the bank loan at all. Now the pre-sale system of housing is becoming more and more perfect, and the bank has to supervise the relevant funds, and if the house is not built, the money cannot be sent to the real estate developer.

But there are some regulations that are just a name and don't play a real role at all, so real estate developers will run away when they get the money, and they will not be constrained at all.

When buying a house, it is better to buy an existing house, not a pre-sale house, which is the only solution for ordinary people.