The owners of unfinished buildings in many places collectively stop repaying loans, who is responsib

The owners of unfinished buildings in many places collectively stopped repaying their loans to stop their losses, which is also a kind of sobriety to stop losses in time. After all, bank loans are carried out in accordance with the corresponding procedures and procedures, and even if there are flaws in the bank's loan procedures, this flaw is not enough for many owners to sue the bank and win the lawsuit. <>

According to the current strategy of many owners of unfinished buildings, it is not difficult for us to find that in addition to timely stop losses, owners of unfinished buildings also want to bear their losses by seeking multiple entities. In the process of buying real estate, we can't get around the bank, which means that if there are lending defects or lending defects in the bank loan, the bank will also bear the corresponding responsibility, and many owners are currently held accountable according to this idea. Returning to the problem itself, in fact, the real estate pre-sale funds are finally collected by the real estate company, and it is difficult for the bank to have procedural defects, which means that in the end, it is necessary to prevent itself from taking responsibility.

1. The owners of unfinished buildings in many places collectively stop repaying loans: a sober <> to stop losses in time

According to the current news report, Jingdezhen, Jiangxi Province, has seen the first batch of owners who stopped repaying loans, and they all discussed to stop repaying loans collectively. At present, many of Evergrande's real estate projects have been unfinished, which means that the owners not only can not receive the house, but also need to rely on the hard work experience every month to repay these mortgages.

2. The real estate company shall be responsible for the <> of the real estate pre-sale funds

In addition to seeking real estate enterprises to be responsible for the pre-sale funds of real estate, they also want to make the bank bear the corresponding responsibility by finding some loopholes in the bank's lending, after all, the bank is also a commercial subject bank in the process of purchasing real estate, if there are lending defects or lending defects, it is possible to bear certain responsibilities in the end, which can also enable these owners to protect their rights.

Developers. The owner and the developer have signed a contract with the bank, and the bank has also started to have loans, so the flow of funds is enough for the developer to build the house smoothly.

The developer is responsible. After the pre-sold commercial housing is delivered, the purchaser shall promptly go through the ownership registration procedures with the real estate management department and the land management department of the people's ** at or above the county level with the relevant vouchers. If a development and operation enterprise has any of the following behaviors in the pre-sale of commercial housing, the real estate management department shall impose a warning, order to stop the pre-sale, order to go through the formalities, revoke the "Commercial Housing Pre-sale License", and may impose a fine.

This can only be the developer's own problem, because for the developer, a lot of money has no whereabouts and no intake, so how to start the construction and how to pay the workers.

The failure of the real estate developer to deliver the house on time after the pre-sale has seriously violated the interests of the buyer, and the real estate developer should bear the main responsibility.

This could lead to more chaotic property markets in various cities, and house prices in many places could become very volatile.

For those owners who have bought unfinished buildings, the rights and interests of owners have been substantially harmed. Despite this, the landlord still needs to repay the mortgage to the bank normally. This situation makes many people feel very angry, because they can't get their own house, but you still need to continue to repay the mortgage, so many people can't see the hope of life at all, which is why many owners of unfinished buildings have begun to collectively stop repaying their loans.

What's going on here?

This happened in many parts of the country, because some of the properties have been suspended for a very long time, and even some of the developers have run away, in this case, the owners have united and publicly decided to stop repaying the loans. Unless their houses can be constructed normally, many owners are already reluctant to repay their personal housing loans from banks. <>

This will cause the property market to become more chaotic in many places.

We can try to understand that it is precisely because real estate developers cannot come up with enough money to build the property that the property will become unfinished. If the landlord does not pay the personal housing loan normally, this problem will become more difficult for the real estate developer, so more real estate will become unfinished properties. This is a vicious circle process, and it may even lead to a skyrocketing chance of unfinished buildings.

Housing prices in many cities are likely to become more volatile.

In addition to first-tier cities, because many cities actually do not have room for housing prices, and there is no support for high housing prices, this also means that housing prices in many places may go all the way. Especially for small and medium-sized cities, housing prices in these places may even fall by more than 50%, so many buyers may have a situation of disconnection, and the real estate in some places will further become unfinished buildings. <>

As a result, the property market collapsed, the problem could not be solved through normal channels, the real estate company could not collect the final payment, the real estate economy was stagnant, and investors could not be attracted to enter the market.

The owners of unfinished buildings, in order to pressure the resumption of real estate work, are staging a slightly helpless and even tragic "counterattack".

For individuals, there is no difference between the suspension of the mortgage of the unfinished building and the interruption of the mortgage payment. The mortgage is a loan relationship between the owner and the bank, and it is also a civil relationship, the developer is the guarantor, and the mortgage asset is the house purchased by the buyer. The developer's capital chain broke and the construction was suspended, but the lending relationship between the owner and the bank still exists.

If the owner stops repaying the mortgage, if it is included in the credit report, travel, employment, high consumption, and even the next generation will be affected. If more properties fall into a state of suspension and unfinished, which triggers a large-scale shutdown of property owners, the impact on real estate will be extremely negative.

Compulsory loan suspension cannot solve the problem of unfinished buildings at all, and from the current situation, unfinished buildings are also in violation of regulations. According to the relevant statutory regulations, the bank cannot lend money until the owner has completed the work. There are still many banks that ignore this point and lend early, and the bank does not put assets in the supervision account when lending, which promotes unfinished buildings and affects everyone's economic losses.

The rights and interests of the buyer cannot be guaranteed at present, and it is clear that the developer has no funds to continue to invest in the construction, and the building will only fall into a state of suspension, and eventually the finished building will not be handed over to the owner.

The rights and interests of the buyer can only be protected by filing a complaint with ** and complaining to the developer.

It still needs to be done by the state, and the down payment of the person who buys the house should be supervised and stored in an intermediary, and the developer should not be directly asked to roll the money away.

Unfinished real estate projects were forced by owners to stop repaying mortgages, and the pre-sale system should be abolished, and all of them became existing house sales, mainly existing house sales. When the owners buy a house, they can reduce the situation of unfinished buildings in the real estate, which will also better protect the legitimate rights and interests of the owners. In all regions of the country, the pre-sale system is the main one, and the so-called pre-sale system is when the developer can sell the house after getting the pre-sale license.

However, when the developer gets the pre-sale permit, there is no way for the house to meet the conditions for delivery, and most of the houses have been built. <>

In some small counties, the developer's floor has not yet been built, and it has been able to get a pre-sale license, in order to be able to sell the house as soon as possible. The reason why most developers sell the house in advance before it is completed is also to recoup further funds. Because developers need a lot of capital to operate when they invest in buying land and building houses in the early stage.

The amount of loans made by developers through banks alone is also very small, so they have to attract consumers to buy houses in advance in the form of low **. <>

For owners, it is also beneficial for them to buy off-plan properties in advance, otherwise there will not be so many owners who will be willing to consider it. When the house is not yet built, choose the floor in advance to choose the house type, because after the house becomes an existing house, the remaining floors and house types are not so satisfied. Owners should also see the pros and cons in this regard, don't always think about the good side for themselves, and know that once the house is unfinished, it will cause serious financial losses to individuals.

When buying a house, owners should know in advance whether the developer's qualifications and abilities are excellent, and many developers are generally minority shareholders. In the face of several projects running together, if one of them disagrees, there will be problems with each other's projects, which is no way for the owner to guarantee that the shareholders will not have conflicts. There is no way to guarantee whether the house can be delivered on time, so it is better to choose the existing house, even if the choice of the existing house will be smaller, it will be more secure than the off-plan house.

It should be canceled. Because this can make people feel more at ease when buying a house. The pre-sale system cannot protect the interests of the majority of buyers, so this system should be abolished. It is hoped that China will abolish the pre-sale system.

It should be canceled. If the sale of existing houses is implemented, the real estate enterprise crisis will not involve buyers, and there will be no problems such as "guaranteed delivery".

I don't think this should be canceled, and there is not a lot of money for them, so it should be supervised and reviewed more strictly to avoid this situation, but at the same time, it should be convenient for the owners accordingly.

Such a system should be abolished, and it will also cause some harm to everyone, and there will be some hidden dangers.

1. Breaking the law. If the house cannot be delivered due to the unfinished commercial housing, and the owners collectively suspend the loan without permission, it is a debt default, which violates the provisions of the Civil Code, and they must bear the liability for breach of contract, such as paying overdue interest and liquidated damages, and may cause a bad record of personal credit reporting.

2. Legal basis:

Civil Code of the People's Republic of China

Article 577:[Liability for Breach of Contract]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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 676:[Borrower's Responsibility for Returning Loans Late]Where the borrower fails to repay the loan within the agreed time limit, the borrower shall pay overdue interest in accordance with the agreement or relevant state regulations.

1. What materials are required to apply for a commercial housing mortgage loan.

1. Proof that all or part of the down payment has been paid;

2. Proof of the borrower's ability to repay.

3. The original and copy of the contract, agreement or letter of intent for the purchase of second-hand housing.

4. The borrower's legally valid identity documents: resident identity certificate, household registration book, military ID, or other valid residence permit.

5. The borrower and/or spouse authorize the inquiry of the personal credit reporting system of the People's Bank of China;

6. The leased property must provide proof of the change of lease interest.

7. A copy of the current passbook of Bank of China used for repayment in the borrower's name;

8. The "Real Estate Value Appraisal Report" of the transaction housing.

9. Other supporting documents or materials required by the lender.

Second, how to solve the unfinished building.

1. Most buyers choose bank loans and mortgages to buy, and few people make one-time payments for off-plan houses; If it is a bank loan and the house is unfinished, there will be a problem of property ownership, so we must legally protect our rights and interests through legal channels. Determine the ownership of your property rights through the law, and if you have property rights, you can request the property ownership certificate from the housing authority in accordance with the relevant procedures.

2. After the issue of property ownership is handled, you can contact the owners of the community to obtain legal support; If the purchased house is only likely to be unfinished, then the developer can be given a little more time to scrape together enough funds to complete the subsequent project, which can reduce the loss of the buyer; If the developer becomes insolvent and declares bankruptcy, and the house is already in danger, then the developer's finances will be auctioned off by the court, and according to the bankruptcy law's debt repayment order, it is easier for the buyer than the creditor to wait for the compensation of some real estate companies.

3. If there is a situation where the house is unfinished, the local ** will use different methods to interfere according to different situations; If the developer is short of funds, then the company will raise funds or introduce partners; If it is illegal and violated, then it will be required to rectify within the specified time; If it touches the economic dispute of the Bending Bridge and wants to go to court, then ** will also intervene; If the developer is bankrupt or unable to continue construction after trying its best, the project will be repossessed according to law and bid externally, or the developer will find an acceptor by itself.