1. The house has been built: under the condition that the house has been built, the bankrupt enterprise can perform the contract with the buyer, that is, the owner may get the house.
2. The house is not built: the house was not built when the enterprise was declared bankrupt, or after the people's court accepted the bankruptcy application, the administrator decided not to continue to build the house without building, resulting in the bankrupt enterprise being unable to fulfill the buyer's debts. According to the different ways of buying a house and collecting it, it can be divided into two situations: mortgage loan to buy a house and installment payment to the seller. These two ways of buying houses will have different effects on the ownership of houses when real estate enterprises go bankrupt.
Second, the ownership of housing rights
1. Ownership of the house purchased by mortgage loan.
Ownership of houses when enterprises go bankrupt. In the existing mortgage loan, the bankruptcy of the developer has no effect on the ownership of the house. Buyers only need to continue to pay off their debts to the bank and take the house as a guarantee.
In the forward mortgage, the house has not been built at the time of purchase, and the purchaser does not enjoy the ownership of the house. When the house is completed, if the house price has been paid (the purchaser pays the down payment and the loan bank pays the balance in the name of the purchaser), the purchaser may entrust the developer to handle the real estate license with the local real estate registration authority and obtain the ownership of the house. After that, the bankruptcy of real estate enterprises has no influence on the ownership of housing rights, and buyers only need to continue to pay off their debts to the bank and take the house as a guarantee.
2. The ownership of the house when the seller buys the house by installment.
Different from mortgage to buy a house, in the case of buying a house by installment, before the transfer of ownership, whether the purchaser pays the full price when accepting the bankruptcy application can be divided into the following two situations:
First, if the purchaser has paid the full price and the purchased house is excluded from the bankruptcy property, the purchaser can ask the bankruptcy administrator to transfer the ownership of the house and apply to the real estate management department for changing the house registration.
Second, if the purchaser fails to pay the full price, the real estate enterprise fails to transfer the ownership, and both parties fail to perform the contract, the bankruptcy administrator has the right to decide whether to terminate the contract or accept the price and transfer the ownership of the house.