A did business and borrowed more than 50 thousand from B when the capital turnover was difficult. Later, in the case that the financial problem has not been solved, A wants to mortgage his own property and borrow money from the bank. However, because of his unqualified credit, he did not meet the conditions of bank mortgage. And he learned that if you apply for a mortgage, not only the loan amount is high, but also the interest rate is lower. Therefore, B, who also wants to get the loan back as soon as possible, becomes A's "partner".
In March 2006, Party A and Party B signed a house "sale" contract, agreeing to "sell" Party A's house in a certain district to Party B, and the transaction price of the house was 200,000 yuan, and the transfer was handled in April of the same year. In fact, B did not pay any house payment, and the house was actually occupied and used by A and his family. After obtaining the ownership of the house, B mortgaged the house to the bank in its own name and obtained a loan of 6,543,800 yuan+0.5 million yuan. Subsequently, Party A and Party B entered into a Letter of Commitment, stipulating that Party A would return 50,000 yuan to Party B within one year, and Party B would use the loan of 6,543.8+0.5 million yuan applied by the bank in its own name and be responsible for the monthly mortgage; If the first installment is overdue, the house will be priced by B; After the loan is paid off, B will cooperate with the transfer.
On March 20 13, A paid off all the loans from the bank, so both parties promised to ask B to return the house at that time. But at this time, the house price is much higher than when the "commitment letter" was signed. B refused to return the house, thinking that the house was registered in its name and should be owned by it, and A could only claim 200,000 yuan from it. A wants to get the house back, sue to the court, and ask B to help him handle the property transfer formalities immediately.
Fraudulent loan
The court held that there was no real intention of buying and selling houses between Party A and Party B, and the real estate sales contract signed on this basis was a contract called "buying and selling is actually defrauding bank loans", so the contract was deemed invalid according to law. The property obtained based on the invalid contract should be returned, so judgment B should assist A in handling the house transfer procedures.
Why did the court rule that the housing sales contract between A and B was invalid?
A contract that covers up an illegal purpose in a legal form is invalid.
The purpose of the sales contract between the two parties is to apply for a loan from the bank in the name of B in the form of sales because A is short of funds and has unqualified credit. Based on this, it can be concluded that the real purpose of the contract between the two parties is not to transfer the property rights of the house, but to escape the normal financial supervision order of the country in the form of legal sales, so as to achieve the purpose of defrauding bank loans. According to the law, the contract belongs to the contract of "covering up the illegal purpose in a legal form" and is invalid.
What are the legal consequences after the contract is deemed invalid?
False sale of houses resumed pre-sale status.
The house acquired by Party B should be returned to Party A. Although the ownership of the house has been changed and registered in the name of Party B, the basis of the change of property right is the contractual relationship between Party A and Party B. Since the contract is invalid from the beginning, the basis of property right transfer no longer exists, and the house registration should be restored to the state before the sale of the house. Because the house belongs to real estate and the ownership registration system is applicable, the way of returning the house is different from the simple delivery of general movable property. The court ordered B to cooperate with A to transfer the house, so that A could own the house.
What risks should buyers and sellers bear when selling fake houses and illegally defrauding loans?
Both buyers and sellers bear civil and criminal risks.
It is not only illegal but also risky to defraud bank loans by selling houses falsely. For the seller, because the ownership of real estate has been transferred after the house is transferred, once the buyer disposes of the house to a bona fide third party and registers or mortgages it, the original obligee may lose the right to the house, and even if there is a clear written agreement between the two parties, its right cannot be guaranteed. If demolition and other issues are involved, because the seller is not the owner of the house registration, he may not have the right to participate in the coordination and discussion of demolition matters, which will harm his own interests.
For property buyers, since property buyers have signed loan agreements with banks in their own names, the legal obligor to fulfill the loan agreements should be the property buyers. If the house sales contract is confirmed to be invalid before the loan is paid off, the buyers not only have the obligation to return a house, but also have the obligation to pay off the remaining loans to the bank, so they may suffer greater losses.
In addition to civil risks, fraudulent loans are still illegal. If the circumstances are serious, it may also constitute a crime of defrauding loans and need to bear corresponding criminal responsibility.
(The above answers were published on 2016-11-24. Please refer to the actual situation for the current purchase policy. )
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