Can I check out of the off plan mortgage repayment, and how to check out the off plan property that

If the off-plan property you purchased has already been repaid, it is generally not possible to check out at this time.

Because the off-plan property that has been loaned has been filed in the housing authority system, it is very troublesome to change or revoke the record. Therefore, it is generally not possible to move out of the house without special necessary conditions. Unless there are special circumstances, you can request to check out, but the check-out procedure is more complicated.

First of all, you need to negotiate with the developer, and the developer can only move out after agreeing, and sign a check-out agreement with the developer. This agreement needs to be drawn up by the developer's lawyer and in accordance with the Housing Authority's standard format.

Then you need to bring the relevant materials to the housing authority to go through the filing cancellation procedures, and the housing authority is generally strict in reviewing the information in the cancellation procedures, which is why the developer is reluctant to check out.

If the housing authority approves it, you can negotiate with the developer about the refund, and you also need to communicate with the bank about the suspension of the loan, and the interest that has been repaid is generally non-refundable.

It is not possible to check out during off-plan repayment. Because the off-plan property that has been loaned has been filed, the bank and the housing authority have filed it. Moreover, the handling bank has carried out a tripartite countersigning with the bank and the developer, not only for the developer, if the contract is breached, the bank will auction the property in accordance with the terms of the contract.

Delay in delivery of the house: After the delivery date agreed in the contract between the developer and the buyer, the developer has not been notified of occupancy for a long time. If the developer fails to perform within a reasonable period of three months after being urged by the buyer, the buyer has the right to request the developer to vacate the property and request the return of the deposit or the payment of interest on the property.

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 8. The transfer of possession of the house shall be regarded as the delivery of the house for use, unless otherwise agreed by the parties.

The risk of damage or loss of the house shall be borne by the seller before delivery for use, and by the buyer after delivery for use; If the buyer receives a written notice of delivery from the seller and refuses to accept it without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the date of delivery and use as determined in the written notice of delivery, unless otherwise provided by law or otherwise agreed by the parties.

If the mortgage has already been processed, it is not possible to move out, or if the developer agrees to return it, it is also very difficult.

The process for the developer to agree to move out is as follows: the lender needs to settle the approved loan first; If the loan is repaid within one year, the bank will deduct the lender's liquidated damages.

As for the amount of liquidated damages, it depends on the agreement in the loan contract; After the loan is repaid, the mortgage registration form will be cancelled; Then go to the developer, and the developer will pay back the loan amount to the lender; However, this can only be done under a very ideal situation, and the developer will not agree to move out at all if the loan has been approved, and unilateral check-out needs to compensate the developer for 20% of the total amount of the purchase as liquidated damages.

Article 577 of the Civil Code: Where 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.

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Can I get my house back if I have already paid off my mortgage?

It depends on the situation:

1. If there are no problems with the house, there will be many resistances when checking out. Because the formal purchase contract has been signed and the loan contract has also been signed, it is definitely a breach of contract to check out at this time, and the liquidated damages must be paid according to the contract. And in this case, most developers will not agree to move out, and buyers can only choose to resell.

2. If there is a problem with the quality of the house, for example, when the house is inspected, it is found that there is a quality problem on the wall or ground of the house, because the developer is in breach of contract first, then you can negotiate with the developer for maintenance or check-out.

The check-out process for a new home is as follows:

1. The buyer sends a notice to move out: the buyer can submit it to the developer by letter, fax or form. If the property is checked out due to the developer's default, the developer shall bear the losses caused by the move-out, including loan interest, deposit interest on the down payment, taxes and fees for the purchase of the house, etc.; If the compensation standard for moving out is agreed in the purchase contract, it shall be handled according to the contract, and if the compensation standard agreed in the contract is insufficient to make up for the loss, compensation may be claimed separately; If the buyer's loan application is not approved, and the two parties to the contract cannot agree on the payment method, etc., the developer shall not be liable for compensation.

Complete all kinds of procedures within days: within 15 days after the buyer requests to move out, the developer shall refund all the housing payments made by the buyer, and be responsible for all the procedures for the buyer to dissolve or terminate the contract with the lending bank.

3. Refund of the house payment by the developer: The developer shall return all the purchase money to the buyer after the buyer issues a notice to move out, and complete the repayment procedures of the provident fund management agency or the loan bank. If the above contents cannot be completed, the developer shall pay the buyer a liquidated damages equal to 1/1000 of the total house price every day from the 16th day after the buyer issues the notice of vacancy to the date when the buyer obtains the full payment.

Summary. Hello dear and happy to answer for you. The off-plan mortgage that I bought has come down.

1. You can check outOff-plan mortgages can be checked out, and it should be clear that as long as the buyer and seller agree on the property, even if the mortgage has been approved, it can be moved out. 2.

First, the buyer sends a notice to the housing developer to move out by letter, fax, or **. Then urge the developer to be responsible for handling all the procedures for the buyer to terminate or terminate the contract with the lending bank within 15 days after the request to move out, and then urge the developer to return all the money for the purchase of the house to the buyer and stop the transfer. 3.

At this point, the buyer and the lending bank terminate the loan contract, and after the developer returns the full amount of the house, the contract between the buyer and the developer is also terminated.

The mortgage of the off-plan property I bought has come down, can I check out?

Hello. Hello dear and happy to answer for you. The off-plan mortgage that I bought has come down.

1. You can check outIt should be clear that as long as the buyer and seller of the house reach an agreement, even if the mortgage has been approved, it can be checked out. 2.

First, the buyer sends a notice to the housing developer to move out by letter, fax, or **. Then urge the developer to be responsible for handling all the procedures for the cancellation or termination of the contract between the buyer and the Zheng Xian loan bank within 15 days after the request to move out, and then urge the housing developer to return all the money for the purchase of the house to the buyer and stop the transfer. 3.

At this point, the buyer and the lending bank terminate the loan contract, and after the developer returns the full amount of the house, the contract between the buyer and the developer is also terminated.

I bought a house in Sun Busan, and the loan has been repaid for about four months, but my husband unfortunately passed away, and I am alone with two children, and the loan of 3600 is too high to repay.

Can I find the developer to check out, how can I get it if they don't return it.

In addition, when the person who sketches the house applies for a mortgage loan, the bank will generally require the buyer to insure the house purchased for him, and the beneficiary of the insurance is the lending bank, so the next step is to terminate the housing loan contract and then go through the procedures for insurance refund. The above is my reply to the full lead socks, I hope it can help you, I wish you a happy life.

As long as the buyer and seller agree on the agreement, even if the mortgage has been approved, it is possible to move out.

Negotiate with the developer. Explain your situation. It's special. You should all understand.

If the negotiation fails, the buyer can file a lawsuit with the court to request the termination of the negotiation contract, and at the same time claim that the seller bears the liability for breach of contract or compensates Hu Xun, and at the same time pays for the losses suffered by himself due to the check-out, such as lost work and bad fees, fares, etc.

Nowadays, developers are more ** off-plan housing, and the sales of off-plan housing are slightly lower than the sales of existing houses, so they are also popular with buyers. If I have already purchased an off-plan property and applied for a loan successfully, can I check it out when I repay the loan?

1. Can I check out during the off-plan mortgage repayment?

1. If you have purchased an off-plan house and are already in the process of repaying the loan, you cannot check out. Because the loan that has been processed has been filed with the bank or the housing authority, and the relevant procedures have been completed, and the contract signed between the bank and the developer has been signed, it is unreasonable to choose to check out at this time. Checking out is also a breach of contract, and if you must check out, the buyer will be liable for the corresponding breach of contract.

2. However, there will be cases where you can check out, and certain conditions need to be met. For example, it is the responsibility of the developer, according to the contract, the date of delivery has arrived, but there is no notice of delivery, at this time, if the buyer has not fulfilled the notice after three months, the buyer can ask to move out. And for the developer's liability for breach of contract, there will also be certain penalties, you can ask for a check-out deposit or room payment.

2. What are the conditions for check-out of off-plan housing?

1. If the contract you signed with the developer is invalid, it is because of many reasons of the developer. For example, the developer's development procedures and sales qualifications are not complete, and the first real estate has begun. Or the developer's documents are incomplete, which is an illegal sale, and the contract he signed with you is also invalid.

In this case, you can request to check out.

2. In addition, if the developer changes the design without the consent of the buyer, violating the agreement in the contract, it is a breach of contract, and you can also ask to move out. For example, the developer has changed the house type, orientation, area, etc. without authorization.

3. In the process of house inspection, if it is found that the quality of the house is not up to standard, which affects the normal residence, this kind of problem can also require the developer to move out, and can also claim compensation for losses.

I conclude: off-plan properties are relatively cheaper, but when we buy off-plan properties, we should check whether the developer's sales qualifications are complete. In addition, if the property rights of the house are not clear, if it is not the responsibility of the developer, because of the owner's own problems, in this case, you cannot check out.