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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. <>
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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.
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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.
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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.
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Although this method will indeed bring production pressure to real estate developers, it will affect personal credit problems if they cannot repay the mortgage on time.
Back in October 2019, the real estate developer officially opened the ** real estate. As a result of the real estate developer's publicity and promotion, it had an extremely positive impact, which led to more than 5,000 house sales. The price of each house is expensive, and the sales exceeded more than 4 billion yuan.
With the impact of the epidemic, many real estate developers have chosen to suspend work and wait for production, and the real estate companies involved in this matter are no exception. However, the landlord already needs to complete the mortgage loan and repay the mortgage every month. As a result, the owners are unable to live in the new houses, and the real estate developers have not started construction for a long time, which will inevitably affect the real feelings of the owners.
As a result, all owners issued a notice that before August 1, 2022, the real estate developer still did not resume production, and all owners will cut off their mortgages. In fact, this is not a very effective solution, and it will even affect the credit of the homeowner.
Most real estate developers will complete the production of the house on time and provide users with various processes for applying for real estate certificates. However, some real estate developers have launched unfinished buildings due to various problems. Although the sale of the house has been completed ahead of schedule, the delivery has not been put on the agenda for a long time.
Although this practice of the landlord can put pressure on the real estate developer, the outside world has begun to pay attention to the unfinished property.
When we go to the bank for a loan, the owner who lacks the credit standard will not be able to take out the loan. When the bank comprehensively considers the loan officer, it should consider the credit of the loan officer to avoid the loan officer being unable to repay the loan. All owners directly cut off the mortgage, which will eventually affect personal credit.
In general, any method can have a different impact, and it is important not to simply cut off the payment or stop repaying the loan. When the bank puts some loan officers on the list of dishonest persons, the loan officers will not be able to take out loans, and it will even affect the education and employment of those around them.
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Today is July 13th, according to the latest reports, in Wuhan, the owners of a community found that the house that should have been delivered this year, but now the project is less than halfway, it can be said that there is no possibility of completion, this building belongs to the unfinished building, in order to prevent their continued losses, the owners of these properties have unanimously chosen to stop the loan, until the building is completed and then pay, so what will be the impact of this?
First of all, we need to know that in fact, this loan ** is paid by the owner to the bank, and the bank then ensures that the funds are given to the developer, and then slowly make up the money to the developer through these owners. So, according to the division of rights and obligations. The developer is responsible for delivering the property.
And the banks are not obligated to help with the construction. Therefore, the landlord unilaterally stops the loan. In fact, it is a situation of loan default, which may affect the credit investigation and affect their own property, because the bank may seize the property in the name of the owner for auction according to the law if the loan is not returned for a long time, so the owners should still make their own decisions carefullyIt is better to take a legal approach to defend your rights, which may even outweigh the losses.
In fact, the house could not be delivered, and the bank could not escape responsibility, because when the bank allocates funds to the developer, it does not take into account whether the house can be completed and whether it can be delivered on time. These are all mistakes in the bank's capital supervision. Secondly, if the landlord does not continue to pay the loan, the bank will also lose money, and will have to use a lot of manpower to persuade and so on.
And this practice itself is a kind of fuel to the fire for vulnerable property owners, although it is legal and compliant. So the bank will also lose a lot.
This bad real estate off-plan system really should be stopped, otherwise there will be bigger problems.
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It will affect the credit of individuals, the housing residence, the reputation of individuals, the vision of the real estate industry, the loss of real estate, and the reporting of people.
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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.
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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.
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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.
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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.
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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.
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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.
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The rights and interests of the buyer can only be protected by filing a complaint with ** and complaining to the developer.
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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.
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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.
Unfinished building. The main impact is that the residents cannot be delivered and moved in according to the delivery, and the resulting consequence is that the residents' housing improvement, marriage, and children's school attendance cannot be met.
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. >>>More
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