If the house can't get a mortgage after the down payment, it will be handled according to the reason why it can't get a mortgage. In the trial of a contract, the agreement in the contract will generally be given priority. Therefore, it is the most important basis to stipulate in the contract who will bear the liability for breach of contract if the loan is not approved. If there is no agreement or the agreement is unclear, it shall be handled according to the following principles: 1. Reasons of the developer: If the developer sells houses that are not qualified for sale, that is, if the developer fails to obtain a pre-sale permit or sells existing houses that are not qualified for use, the bank will not grant loans when reviewing this situation. At this point, the buyer can ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss. 2. Reasons for the buyer: If the information provided by the buyer is untrue or the buyer's credit record is bad, the bank will not approve the loan, and the buyer will be liable for breach of contract. 3. Non-buyer's reasons: if the bank mortgage loan is postponed, the loan amount is reduced or cannot be processed, both parties will generally have a supplementary contract or agreement, stipulating that the buyer will choose, or the buyer will pay the purchase price within a certain period of time, or the buyer has the right to terminate the contract; If the house payment is not paid within the time limit, the developer has the right to terminate the contract.

Second, what should I do if I pay the down payment for buying a house but the bank can't mortgage it?

You can return a house if the mortgage loan cannot be handled, but you should investigate the different responsibilities of the buyer and the seller according to the reasons. The situation is as follows:

First, it is the developer's reason that the mortgage can't be done. For example, if a developer fails to obtain a pre-sale permit or sells an existing house that does not have the conditions for use, resulting in the bank not approving the loan, the property buyer may ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss.

2. If the information provided by the buyer is untrue or the credit history is bad, the bank may refuse to lend or return the house, but the buyer shall bear the liability for breach of contract and compensate the developer for the corresponding liquidated damages.

Three. If the loan cannot be obtained due to policy changes or bank regulations, the buyer shall negotiate with the developer to return the house. If negotiation fails and there is no agreement in the contract, the buyer can prove that he is not at fault and is really unable to buy a house, and ask the developer to return the down payment and deposit. After the conclusion of the commercial housing sales contract, there are objective obstacles that cannot be attributed to both parties, which makes it difficult to continue to perform the contract. At this time, if the original effect of the contract is maintained, the responsibility of not approving the loan in advance will be imposed on the buyer, which violates the principle of fairness and may produce obviously unfair results to the buyer. According to Article 23 of the Judicial Interpretation of Commercial Housing, if the buyer pays by secured loan and fails to conclude a secured loan contract for commercial housing due to one party, the other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.

3. What should I do if the loan fails after the down payment? There are three ways.

First of all, answer directly.

If the down payment fails to pass the mortgage, it can be handled as follows: 1. Ask the reason why the mortgage failed to pass. There are always some reasons why the mortgage fails, such as poor personal credit information, low work income, insufficient bank card flow, too many accumulated debts, doubtful source of down payment, property rights issues and so on. Ask the loan bank for specific reasons, take remedial measures, and resubmit the loan application to obtain the second approval of the bank.

Second, the specific analysis

2. Find a developer or intermediary to handle it. If the borrower can't find the reason himself, he might as well find a developer or an intermediary to deal with it, because many real estate developers or housing agents have long-term and stable cooperation with banks and have a good relationship, so let them contact the banks to see where the problems with the mortgage loan are and whether there are any solutions, and the effect may be better.

3. Change the bank to apply for a mortgage. The failure of one lending bank does not mean that all lending banks have failed. Different banks have different approval standards for mortgage loans.

Some banks have relatively loose approval standards and lending policies, which will be easier to pass. It will only take more time to apply for a mortgage from another bank.

4. Find a financing guarantee company to handle it. Although the financing guarantee company does not absorb deposits or directly issue loans, it can provide guarantee for the borrower's mortgage application, that is, when the borrower fails to fulfill the repayment obligation, the guarantee company will assume the guarantee responsibility and repay it on its behalf. Therefore, applying for a secured loan should allow the mortgage to pass smoothly, but it requires an additional guarantee fee.

5. Looking for a developer to get a home loan failed, and the down payment already paid can be taken back, but only by looking at who failed and who was responsible for the breach of contract, we will know how much the down payment can be taken back.

If the mortgage fails, it is the borrower's own problem, and you may have to pay a certain penalty, and the down payment cannot be fully recovered.

If the mortgage fails, it is the developer's own problem, such as not having the qualification to sell a house, then you can get back all the down payment and investigate the developer's liability for breach of contract.

To sum up, if the down payment can't pass the mortgage, there are two directions to deal with. First, strive to let the mortgage pass, so as to buy a house smoothly; The second is to cancel the contract with the developer and pay back the money.

There are many high-quality houses and banks in the market, so don't worry about no solution.

As long as you find: Beijian Quick Check, you can find your own online loan big data report with one click, which will contain your credit rating score, blacklist and other important data.

Third, is it the first set to buy a house after the loan is paid off?

Whether buying a house and selling it after paying off the loan is the first set mainly depends on the local housing authority's regulations on the number of houses:

1, admit the house but not the loan: it means that if the local house registration system already has the house registration information, then buying a house is defined as two suites or above.

In this regard, the loan will be sold after it is paid off, and the property cannot be found through the housing registration system. After buying a house, it is estimated to be the first suite.

2. Refusal to lend or deny the house: it means that if the mortgage information has been registered in the bank credit information system, then buying a house again will be defined as a second suite or above.

This situation depends on the record of several loans to buy a house, whether the loan is paid off or not, and whether there is real estate in the housing registration system.

In this regard, after the loan is paid off and sold, the loan record will not be eliminated, so buying a house in the future will not be recognized as the first suite.

3. Recognizing the house and the loan: it means that when buying a house, as long as there is a house or a mortgage record under the name, it is defined as the second suite and above.

In this regard, after paying off the loan and selling it, even if the property can't be found in the housing registration system, the mortgage information can still be found in the bank credit information system, so buying a house later is not the first suite.

Fourth, I paid the down payment for buying a house. The mortgage loan can't be done! Can our down payment be fully refunded?

First: developers are not stupid. When buying a house with a loan, the developer collects a minimum down payment of 20% for the buyers, and 80% is paid by the bank on the other hand. You can get a refund by rerouting or other means, or by transferring the property to a third party. I haven't heard of any developer who refused to refund the down payment to the buyers because he couldn't get the loan. Secondly, the loan has not come down. Anyway, you signed a house purchase contract, and the property right is unique. There are strict regulations on the second sale of each piece of land, so few developers are stupid enough to sign it for you. In other words, if the developer sells one room and two rooms, the responsibility of keeping the contract will be great. Third: anyway, you have a house purchase contract, and the loan is a matter for the developer, not for you. Just wait at home. He will only pay you 20% for the house you are in a hurry. Even if he will coordinate the check-out, I hope he can help you.