Many disposal parties of uncompleted residential flats, whether owners or local governments, always think that the problem will be solved as long as the house purchase money removed by developers is recovered through public security law and other organs.

I have handled so many properties all over the country, so far I haven't encountered any cases of stolen money being recovered.

I'm not a criminal lawyer, but I really haven't encountered such a good thing as "returning stolen goods", returning stolen goods to build a house.

At the same time, many owners will report crimes in order to "recover", which triggers the second point.

2, the criminal and civilian cross.

The owner of the uncompleted residential flats thinks that if the stolen property can be returned, the problem of the real estate will be solved. At the same time, some owners also believe that if the developer boss can be "brought in", the boss is afraid of going to jail, and he will spit out money to build a house. Objectively, this matter can not only be done, but also has an impact on the following procedures.

Generally speaking, when we represent our clients, the conventional means we take are nothing more than civil, administrative, criminal, enforcement, bankruptcy and filing, because the court has only a few courts, which can be said to be all the means of the owners, red, orange, yellow, green, blue and purple.

However, civil, execution, bankruptcy and criminal conflict with each other, that is, the principle of overlapping punishment and people and the principle of people before punishment stipulated by law.

Five or six years ago, when we were building an unfinished building in Dalian, we first encountered this problem. The owner reported the case before entrusting a lawyer. As a result, when the lawyer represented us, we found that we had no right to appeal. The reason why the court refused to file a case is that the owner has reported the case, so we must punish the people first and wait for the public security to close the case before filing a case for the small owner.

3. Self-financing

I would rather go home to sleep with a contract than spend money directly to build a house. This doesn't mean that small business owners don't pay a dollar. Saving this money mainly depends on who you give it to before going to court.

If the money is handed over to the court, the court will use the money to resume work, which is in line with the law. However, if you give the money to the builder or through the government, the house that continues to be built will remain the property of the developer until it is completed. It belongs to "building a big house" for developers with their own money.

You should know that the unfinished building is unfinished because the developer has no money, so once you help the developer to increase assets, other creditors can seal up the house through the court before you move in.

Usually, in China society, people often look up to the government and despise the court. They always think that the court is a unit under the government, but in the uncompleted residential flats, the government does not keep its promise, and the court's decision counts. Even if the decision of the court is made by the government leader nodding, it is still a judicial decision, and even if the provincial party secretary approves the notice, he still has no legal effect.

On the practical level, the injured owners of developers are often in the local area, including the special class responsible for the project continuation, which is generally the leader of the district government and district housing management and construction. However, creditors are not necessarily local. Developers have various financing channels, and creditors can be found all over the country. For our project in Sanya in 15, the Henan court gave the creditor13 of the land.

At this time, let alone the leaders of the towns in the region, even the instructions of the governor of Hainan are beyond the control of a grassroots court in Henan.

So no matter how much you don't trust the court in your heart, the court is useful for this unfinished building. Only after going through the procedure can you say that you can raise money to build a house without going through the procedure. Even if the money falls from the sky, there is no guarantee that it will not be the "second uncompleted residential flats", and the money will be thrown at Shui Piao.