I. Remedial loans

You can talk to the bank staff first to find out why your loan is delayed. If I can't approve because of my credit, running water, debt and other reasons. I suggest increasing the down payment, reducing the loan application amount and applying for a loan from the bank after all the information is ready.

Second, try another bank.

If the bank that is applying for a loan has been unable to approve it, you can try to change to another bank. Different banks have different regulations and audits on loan conditions. Maybe the same conditions can be approved in other banks.

Third, cancel the contract and return the down payment.

There are two main ways to terminate the contract through negotiation with merchants:

1. If the mortgage cannot be obtained due to bank reasons, then the buyer can negotiate with the seller to terminate the house purchase contract, and the seller shall unconditionally refund the down payment.

2. If the mortgage cannot be done due to the buyer's own reasons, then the purchase contract can only be terminated. In this case, the buyer shall compensate the liquidated damages and the seller shall refund the down payment.

Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that:

As stipulated in the commercial housing sales contract, the buyer pays by secured loan. If one party fails to perform the commercial housing sales contract, the other party may request to cancel 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.

Extended data:

2065438+In June 2004, Mr. Zhou bought a suite in dadukou district with a total price of more than 640,000 yuan. After signing the commercial housing sales contract with the developer, the down payment was 6,543,800 yuan+0.9 million yuan, and all the information required for mortgage loan was provided according to the requirements of the developer.

However, developers have been unable to handle bank mortgage loans for Mr. Zhou. In February this year, Mr. Zhou issued a written notice to the developer to terminate the contract, and the developer did not agree to terminate the contract.

In desperation, Mr. Zhou sued the developer to the court in dadukou district, requesting an order to terminate the commercial housing sales contract signed by both parties, and the developer refunded the down payment of RMB 6,543,800+0.9 million.

The developer said that the developer's main obligation is to hand over the house, and Mr. Zhou's obligation is to pay the house price. Mr. Zhou's qualification to pay the house payment is audited by the bank, not by the developer. Mr. Zhou did not meet the conditions for unilaterally terminating the contract and requested the court to reject Mr. Zhou's claim.

The court held that both parties to the contract should perform their obligations as agreed. The parties may stipulate the conditions for one party to terminate the contract. When the conditions for contract termination are met, the creditor may terminate the contract.

In this case, neither Mr. Zhou nor the developer provided evidence to prove that the bank had handled the house mortgage loan for Mr. Zhou, and neither party had evidence to prove that the house belonged to Mr. Zhou or the developer, resulting in the failure to complete the bank mortgage loan.

The court held that this situation should be considered as the failure to conclude a commercial housing secured loan contract due to reasons not attributable to both parties, which led to the inability to continue to perform the commercial housing sales contract, and the reason why the buyer Mr. Zhou requested to cancel the contract was established.

People's Daily Online-What should I do if the down payment mortgage of RMB 6,543,800+0,900 is not settled by the developer?