Consequences of mortgage failure in uncompleted flats

Can the house be left unfinished without paying the mortgage?

Can the house be left unfinished without paying the mortgage?

Can the house not pay the mortgage? If the buyer sues for the cancellation of the house purchase contract and the loan contract, the court may decide that the remaining loan buyer will not repay it according to the situation; For the repaid part and the down payment part, the developer should repay the purchaser. Can the house not pay the mortgage?

Can the house be rotten without paying the mortgage? 1

If the house is rotten, it will be bad if you don't want to repay the mortgage, because the current mortgage relationship is not completely determined by the market. Even if the house is rotten and the customer fails to pay the house, the bank will not repay the mortgage as required. If the customer is overdue, it will bear the corresponding overdue responsibility.

After the mortgage is overdue, the consequences for customers are as follows:

1, credit will be hurt.

It will be collected by the bank.

3, unable to enjoy preferential policies.

4. The mortgage contract will be terminated.

The bank will ask the customer to settle the mortgage in advance.

6. Malicious overdue will be prosecuted.

7. The bank will handle the mortgaged house.

8. Affect other loan applications.

9. The bank will calculate the customer's penalty interest.

However, unfinished houses will put some pressure on customers. In this special case, the customer can apply to the bank for an extension of loan repayment, and the bank will approve it according to the actual situation. This approval can still reduce the current pressure on customers.

In order to avoid these things, customers should choose a developer with a good reputation when buying a house and try to buy an existing house.

Can the house be left unfinished without paying the mortgage? 2

If the uncompleted residential flats have not been judged by the court or the loan suspension agreement has not been reached, then those who stop lending by themselves will constitute a breach of contract. This kind of behavior will not only seriously affect people's credit, but also make it difficult to borrow money in the future. Serious may be sued to the court, leading to the compulsory execution of property, and may even lead to the risk of auctioning off their original property before the new house is handed over. In the end, they not only have to repay the principal and interest of bank loans, but also bear the corresponding economic losses.

The unfinished house can't be delivered in time, and your rights and interests are damaged. You can sue the developer for a refund, but you can't stop repaying the loan in the bank just because the house can't be delivered. You can ignore it and the bank can sue you.

If the purchaser sues for the cancellation of the purchase contract and loan contract, the court may decide that the remaining loan will not be repaid by the purchaser according to the situation; For the repaid part and the down payment part, the developer should repay the purchaser; Developers no longer fulfill their obligation to deliver houses to buyers. For the repayment of subsequent loans, if the purchase contract and loan contract are terminated, the court may decide that the remaining loans will not be repaid by the purchaser, but by the developer.

You can refer to the the Supreme People's Court Civil Judgment (20 19) Supreme People's Court No.245. Because the seller (developer) failed to deliver the house within the agreed time limit, the pre-sale contract of the commercial housing involved was terminated, and the loan contract and mortgage contract were also terminated because the contract purpose could not be realized. The seller shall return the principal and interest of the house purchase loan collected to the guaranteed party (loan bank) and the buyer (house purchase).

This kind of case involves the dual legal relationship between the commercial housing sales contract and the commercial housing secured loan contract. Due to the developer's breach of contract, the contract was terminated, but it actually occupied the down payment paid by the purchaser and the mortgage loan of the bank; According to the contract, the bank not only enjoys the mortgage right, but also enjoys the creditor's rights to developers and property buyers; The purchaser has not obtained the house, but has paid the down payment and repaid the mortgage loan.

If it is handled according to the rights and obligations stipulated in the contract, the buyer is still required to bear the no-fault repayment responsibility for the remaining loan when the contract is terminated, which obviously increases his burden unreasonably, and the rights and obligations of all parties are unbalanced, which violates the principle of fairness.

Can the house be left unfinished without paying the mortgage?

commission

1, house repossession

If the loan has not been paid off, because you are making a mortgage loan to the bank, the property right of the house temporarily belongs to the bank. After the buyer stops supplying the house for a period of time, the bank may choose to take back your house if the recovery is unsuccessful. After the bank repossesses the house, it usually chooses low-price auction to recover the cash, that is to say, the house of the defaulter is likely to be auctioned directly by the bank.

2. The principal and interest will be recovered for a long time.

If the house is not enough to repay the principal and interest of the bank loan after the auction, then the bank has the right to continue to collect debts from you. Unless you no longer have any property, the bank can ask the court to enforce it.

3. The house payment is wasted.

When buying a house, buyers need to pay down payment, deed tax, maintenance fund and city supporting fees. But once the supply is cut off, most of the money will be wasted.

4. The repaid mortgage cannot be recovered.

If it is a loan to buy a house, after buying a house, the buyer has to repay the loan on a monthly basis. When house prices fall, if the buyers choose to cut off the supply, then the original mortgage will be gone.

5. Pull into the blacklist of central bank credit information.

If property buyers take the initiative to cut off the supply, they will be blacklisted, which will seriously affect personal credit, loans and even future work will be implicated.

The owner of an unfinished building in Wuhan collectively stopped paying the mortgage. What impact will this have?

Although this method will indeed bring production pressure to real estate developers, it will not be able to repay the mortgage on time, but it will affect personal credit problems.

Back to 20 19, 10, the real estate agent officially sold the property. Due to the publicity and promotion of real estate agents, it has had a very positive impact, making the sales volume of houses exceed 5000 sets. The price of each house is very high, with sales exceeding 4 billion yuan.

With the impact of the epidemic, many real estate developers choose to stop production, and real estate companies involved in this matter are no exception. But the owner has to complete the mortgage loan every month and pay back the house mortgage. As a result, owners can't live in new houses, and real estate developers haven't started work, which will inevitably affect the real feelings of owners. As a result, all the owners sent a notice. Before August 2022 1, the real estate developers have not resumed production, and all owners will cut off their supply. In fact, this is not a very effective plan, and it will even affect the credit information of the owner of the house.

The first impact: increase the pressure on real estate companies and increase the attention of the outside world.

Most real estate developers will complete housing production on time and provide users with various procedures for handling real estate licenses. However, some real estate developers have launched uncompleted residential flats due to various problems. Although the house has been sold in advance, the delivery of the house has not been put on the agenda. Although this practice of owners can bring pressure to real estate developers, the outside world has begun to pay attention to uncompleted residential flats.

The second impact: it affects the credit information of all car owners.

When we go to the bank for a loan, owners who lack credit standards will not be able to borrow. Banks should consider the credit problems of loan personnel when considering the loan personnel comprehensively, so as to prevent the loan personnel from being unable to pay off the loan. All owners directly cut off the supply, which will eventually affect personal credit information.

Generally speaking, any method can have different effects. Don't cut off the supply or loan easily. When the bank lists some loan officers as untrustworthy, the loan officers will not be able to make loans, which will even affect the further education and employment of people around them.

What will happen if the auction fails to complete the mortgage?

Join other customers who also bought the property and discuss with the real estate developer. You can apply for check-out, let the other party return the house payment, and then the customer can take the house payment returned by the other party to offset the remaining unpaid mortgage.

Pay attention to regularly deposit funds into the repayment bank card to ensure that the balance in the monthly repayment is sufficient, so that the bank can smoothly deduct the corresponding amount from the card for repayment every month and avoid overdue.

The auction house bought by the loan is rotten, and the customer still needs to pay the mortgage. After all, the customer has established a loan relationship with the bank, and the bank has fulfilled the loan obligation. The customer naturally needs to bear the repayment responsibility and will not be terminated because of the real estate developer's real estate problem. If the user has a provident fund hedging loan repayment business, the system will deduct the balance from the provident fund account to repay the mortgage (there are two ways of monthly payment and annual payment), and then deduct it from the repayment bank card when the balance of the provident fund account is insufficient.

Consequences of default on mortgage loans for uncompleted residential buildings

In addition, the bank will charge a late fee, which is usually calculated according to the amount to be repaid and the accumulated overdue days. The longer the overdue period, the more late fees. If the mortgage is overdue, the overdue loan will remain in the personal credit report, which will affect the later credit business. If the mortgage loan is not repaid for more than three months in a row, the bank can issue a lawyer's letter telling the court that the mortgaged house will be auctioned after the trial. In a word, for banks, the mortgage has reached the point of abandoning the house and cutting off the supply, and the losses are often irreparable. Therefore, banks have to take the above measures. For property buyers, the consequences of mortgage default are very serious. Mortgage applicants still have to rely on their own ability to judge the amount of application.

What if the house is not well built? If the house is not completed, the mortgage will continue to be repaid, because the debt relationship with the bank will not change because of the state of the house. Repayment of this kind of thing, we must first clarify the relationship between property buyers, developers and banks. The relationship between buyers and developers is buying and selling, and the relationship between buyers and banks is lending. Although our loan to the bank is based on the purchase contract, these two contracts are independent.

First, in the event of such incidents, property buyers should keep all contract information and negotiate with developers, relevant banks and insurance companies. If the unfinished auction is only temporary, and the developer continues to complete the property in the later period, the mortgage that should be repaid will still be repaid.

Second, communicate with the repayment bank to see how the bank _ _. The loan bank communicates with the developer if the unfinished situation is long-term. According to whether the purchase contract can be stopped first, the bank mortgage contract can also be terminated. Because the unfinished floor of the house can't get the existing house, it is meaningless to continue to repay the loan.

Third, if the developer can't handle the uncompleted residential flats, the buyers can inform the uncompleted residential flats through the local media. I hope that the local government will come forward and either let the bank continue to inject capital and let the developer complete the real estate project, or let another qualified developer take over, properly complete the real estate project and continue to perform the previously signed real estate contract. At present, the phenomenon of unfinished commercial housing is mainly in third-and fourth-tier cities, and there are few first-and second-tier cities.