Hello friends, the title is heartbreaking. I bought a house, and the loan was repaid here, but I couldn't stop. The house is rotten, so buyers can only sleep on the construction site. Many people have seen such a scene. Clear answer: banks are smarter than ordinary people in this respect. People have long considered this problem. Therefore, it is a win-win result for all parties to proceed from reality, actively unite, negotiate with banks, governments and developers and strive for the early completion of the project.
First of all, let's take a look at how banks respond:
1, the bank is the unit that lends money to developers. Therefore, the bank is well aware of the situation of developers.
2. If the owners don't repay the loan collectively, the corresponding strategy of the bank is to preserve the property auction. Of course, if they can't repay the money, they need the lender to repay it. This can be seen from the mortgage contract.
Summary: Banks have long considered this issue, so in the corresponding mortgage contract, they pushed the repayment risk to the buyers.
Secondly, analyze what will happen if the emergency owners collectively fail to repay the loan:
1, the developer is rotten, but there is no need to go bankrupt. Waiting time is also possible, which may be three years, five years or 10 years and 20 years.
2, the collective does not repay, may cause great economic losses to individuals.
Banks will auction assets and uncompleted residential flats, which is likely to cause great economic losses to property buyers. This loss will be included in the buyer's personal name, not the collective name.
2, the collective does not repay, individuals may be subject to legal sanctions, credit blacklist. The bank will ask the lender for the insufficient part of the auction. If the lender fails to pay it back within the time limit, it may be prosecuted and enforced according to law, and it may be blacklisted if it fails to do so within the time limit. It will have a serious impact on future financial, social and family activities.
Conclusion: Obviously, collective non-repayment and hard steel bank are not the best solutions. Because the ultimate loss is the specific individuals and families who buy houses.
To sum up:
We also have this problem here. We bought an unfinished building and paid off a lot of mortgages on time. Many people cried, and finally contacted the government and the bank for comprehensive coordination, at least it was built.
Therefore, starting from reality, it is realistic and feasible to actively negotiate with government bank developers and try every means to promote the return to work and live in a house as soon as possible, which is a rational way for all parties to win.
The bankruptcy of a real estate company does not necessarily mean that the house bought by the owner is destroyed. Because according to the current national regulations, the advance payment of real estate companies has special regulatory requirements, and banks also have regulatory responsibilities. -that is to say, in theory, the purchase money paid by the buyers must be used exclusively for the construction of the property.
The reason for this provision is that it often happens that real estate companies misappropriate advance payment, resulting in no funds to cover the real estate behind, and the owners' rights and interests are damaged. Therefore, after this regulation comes out, as long as the bank manages the pre-sale funds in strict accordance with the regulations, even if the real estate company goes bankrupt, this property can be built.
If the owner chooses not to repay the loan because the house is not built, it is futile. The loan relationship between banks and property buyers is different from the buying and selling relationship between property buyers and real estate companies. We can't deny our repayment responsibility just because we haven't got the house. For example, you borrowed money from a friend to buy a TV set. As a result, the TV set broke down. Can you refuse to repay your friend for this? Therefore, although the law sympathizes, it will not support the owners' practices. If the bank sues, the court will seal up the other property of the owner, so there is no such thing as "the bank and the state pay the bill".
Since it is impossible to exempt the owner from the repayment responsibility, it is meaningless to discuss the consequences of abandoned uncompleted residential flats to banks. The bank took over the unfinished building, but your owner didn't get debt forgiveness. The two are irrelevant.
What the owners can use for relief is to investigate the banks responsible for supervising the advance payment to see if they are responsible. As mentioned earlier, in theory, as long as the supervision is in place, real estate companies can build even if the building falls down.
I am an empty valley in the colorful world, and I want to share my views with you.
As long as you don't pay the loan, the borrower can't run away. Regardless of external conditions, the creditor-debtor relationship between the borrower and the bank still exists. If the borrower cannot repay the loan, the bank will take measures. Specific measures are generally collection, prosecution, execution, etc.
Different from ordinary finished housing or second-hand housing loans, new housing loans may also involve the issue of staged guarantee by developers. If the developer goes out of business before mortgage registration, it should be the developer who guarantees the buyers at this time. There is a high probability that the house has not been built, and it has not even reached the occupancy standard.
When the developer goes bankrupt, there is a high probability that the liquidation funds cannot compensate the borrower. Banks can only recover loans from borrowers. The house has not yet reached the delivery standard, and it can hardly be sold at any price. Even if there is a price, few people buy it. At this point, the borrower does not live in his own house, or even own his own house, but he still needs to repay the loan.
If it is a finished house, the bank can at least get part of the funds by auctioning the mortgaged property to pay off the debts. The repayment pressure of the borrower is still relatively small. What the borrower can expect is which big developer will take this unfinished building and continue to build it. Don't sell it until the house is built.
It is extremely unwise to abandon the house as soon as it is rotten. The bank will not pay for your behavior. After all, in the process of buying a house, the bank helps you buy a house, and has not carried out any positive or negative operation in the real estate sales.
If you don't pay it back, it won't have any impact on the developers who have caused you great harm, but it will hurt the banks that have helped you, especially the account managers. Although the fire at the city gate has affected the fish in the pool, the bank, as a fish in the pool, will naturally not leave it at that and cannot agree to your default.
Conclusion: At this point, the result is very clear. When the developer goes bankrupt and the borrower defaults, the bank will conduct credit investigation on the dishonest behavior of the developer and recover the money. However, most developers have declared bankruptcy and are insolvent. The borrower's credit information will naturally deteriorate, and he will never be able to borrow money from the bank in the future, and eventually he will become a faithless person and unable to spend high.
Mortgage repayment is the setting of the creditor-debtor relationship between the owner and the bank. Legally speaking, the developer's failure to complete the faster construction on time is a dispute between the developer and the owner, which has nothing to do with the bank. If the owners collectively refuse to repay the loan on this ground, it will lead to a large-scale default of the loan. The bank can package the mortgaged creditor's rights to the asset management company through its creditor's rights contract, and the asset management company will realize it in some way, but the funds will not be given to the owner after the realization. In other words, in a series of operations, the owner not only lost the down payment paid in advance, but also lost the right to use the auction house in the bank asset management. I have to break my credit record, so I can't borrow money to buy a house in the future. Although in the whole practice, buyers are the biggest victims, but they are also the least able to defend their rights.
Hello, think about it. The unfinished building bought with relatives' money, do you want to return it?
This is not a truth. Banks only help you by providing funds when you need funds to buy a house. As for the fact that the house has become an unfinished building, it is between you and the real estate developer, and has nothing to do with the bank. Whether it is suing developers or defending rights, it has nothing to do with repayment.
If you simply don't return it, the first is the blacklist of credit information, and you will become an old lai in the future, unable to take services such as airplanes and high-speed trains.
Second, the mortgage amount is large, the overdue cost is high and the interest rate is high. The interest rate is down, or it is still a loss.
Third, after being sued by the bank, it is not a repayment in good faith, because you have signed a contract and an iou with the bank, and your name can be found on the query website of the executed person in the future, so it is difficult to find a job in the future.
So, don't think too simple and naive.
Actually, it's not a big problem The unfinished buildings in the country are not enough to knock down the property market. It is estimated that the national uncompleted residential flats account for less than 1% of the whole property market. Some properties would rather be bombed than sold at a low price. Think about it.
1. If the owners of uncompleted residential flats all over the country don't repay the loan, the bank can take it back and ask the developer to take over the quotation, which is estimated to fetch a good price. If the auction property is not enough to offset the loan, the buyer needs to repay the remaining loan. The bank won't lose money anyway. If it doesn't pay back the money, it will go to the credit bureau. As long as the economy does not collapse, I think most people will pay off the remaining loans. Bought a house, had nothing, and worked in a bank for several years.
2. If it is a developer's unfinished building, he doesn't necessarily need bankruptcy liquidation, because the assets are insolvent and bankruptcy liquidation has no meaning. If you rely on loans and wait 10 years, the land price may rise, and you can also use this unfinished building to turn over the market.
To sum up, if the uncompleted residential flats collectively fail to repay the loan, the property market may have a certain splash, and finally it will be calm.
People don't buy faster houses, only existing ones. A building in our county was sold out on the drawings, but it still happened. The house was built to the fifth floor, and the developer ran away, leaving a chicken feather and a house slave! At that time, my relatives were selling it over there and asked me to buy it. I told her to buy only an existing house, and not to scatter an eagle without seeing a rabbit. Still mad at me, haha. Now six years later, there is still no developer to take over. The house slave shouts every day, and the house can't be seen. It is difficult to repay the loan! Never sell an existing house without it. I would rather buy a second-hand house than an auction house!
If the collective fails to repay the loan, the bank may fail. Hainan Development Bank is a precedent. The premise is that the collective does not repay the loan.
Banks just lend you money and don't take risks, just like if you borrow money to do business and lose money, will the person who lent you money pay your debts for you?