If the house can't pay the mortgage after the down payment is paid, it will be handled according to the reasons for not paying the mortgage. When trying a contract dispute, the court will generally give priority to the agreement in the contract. Therefore, it is the most important basis to stipulate in the contract who will bear the liability for breach of contract if the loan is not approved. If there is no agreement or the agreement is not clear, it shall be handled according to the following principles:

1. developer's reason: if the developer sells a house that is not qualified for sale, that is, the developer fails to obtain a pre-sale permit or sells an existing house that is not qualified for use, the bank will not approve the loan when reviewing this situation. At this point, the buyer can ask the developer to refund the down payment and deposit and ask the developer to pay the corresponding interest loss.

2. Buyer's reasons: If the information provided by the buyer is untrue or the buyer's credit record is bad, the bank will not approve the loan, and the buyer shall bear the liability for breach of contract.

3. Non-buyer's reasons: if the bank mortgage loan is postponed, the loan amount is reduced or cannot be processed, both parties will generally have a supplementary contract or agreement, stipulating that the buyer will choose, or the buyer will pay the purchase price within a certain period of time, or the buyer has the right to terminate the contract; If the house payment is not paid within the time limit, the developer has the right to terminate the contract.

Extended data:

According to the first paragraph of Article 106 of the General Principles of Civil Law of People's Republic of China (PRC) and Articles 60 and 114 of the Contract Law of People's Republic of China (PRC), both parties to the contract shall abide by the contract and fully perform their obligations. The contract signed by both parties stipulates the time for the buyer to handle the bank mortgage loan, and the buyer shall abide by this agreement. In case of breach of contract, the party who abides by the contract has the right to ask the breaching party to bear the liability for breach of contract.

If you can't get a mortgage, it may be that the materials submitted by the buyer are wrong, the materials are incomplete, and the personal credit information is not good. When applying for a loan, you should make sure that the information is correct. If the overdue record is not intentionally caused, you can negotiate with the bank that caused the overdue to issue a non-malicious overdue certificate.

Before applying for a loan, you can consult the loan officer of the loan bank in detail. Loan officers have a better understanding of the lender's situation and policy requirements, and are more targeted when solving problems. If the mortgage is not paid, the most anxious and injured are the prospective house slaves. After a delay of several months, the market policy may change. Even if the other party bears the penalty, it takes more energy and time to re-examine the house and choose the house.

Therefore, within the scope of our power, buyers should pay more attention, carefully check the situation of houses and homeowners, submit information truthfully, and try to avoid mistakes.