Does the developer have any responsibility for the failure of the mortgage? You can try to do so

Many people think that the loan to buy a house is rejected because the lender qualification is not enough to lead to, and in fact, the mortgage approval is not only look at the lender, but also with the developer, the bank is linked. Anyone who has a problem is going to cause the mortgage approval not to pass. If it's the developer's fault, then the developer needs to take the blame, and here's what you need to know.

Is the developer responsible for not getting the home loan approved?

If the developer sales do not have the conditions of sale of housing, that is, the developer did not obtain a pre-sale license or sales do not have the conditions of use of the existing house, or the developer did not implement the mortgage bank, did not submit the mortgage loan materials in a timely manner, and so on, will lead to the housing loan to do down.

And these are the developer's reasons, is the need to developers bear responsibility. If you find that the problem is really the developer, must not let the developer to find excuses, shirk responsibility, must be taken out of the contract to protect their legitimate rights and interests, and developers can cancel the contract, so that it returns the down payment and deposit, and can also make it pay liquidated damages.

Here's an example:

Mr. Li is a corporate executive with an annual salary of 200,000 yuan, good personal credit, and overall creditworthiness is quite good. He looked at a house, made a down payment of $300,000, and provided all the information required by the developer. However, his lending application was rejected, which made him feel unbelievable.

As a result, the investigation was pursued and found that the original developer had left out an important piece of information when giving him a mortgage, which made the mortgage refused. So Mr. Lee in accordance with the agreement of the purchase contract, to the developer to cancel the purchase contract, and let the developer returned the full amount of 300,000 down payment, and compensation for a little liquidated damages.

Whether to buy a house mortgage is not down is considered a default

There are three kinds of cases to determine: 1, the developer's reasons: then not in default 2, the buyer's reasons: if the buyer provides the information is not true or the buyer's credit history is bad caused by the bank does not approve the loan, the buyer should be held accountable. 3, non-seller and buyer's reasons: you can ask for compensation from the third party. Article 577 of the Chinese People's *** and National Code, one of the parties does not fulfill the contractual obligations or the performance of the contractual obligations are not in accordance with the agreement, shall bear the responsibility to continue to perform, to take remedial measures or to compensate for damages and other breach of contract. Article 578 If one of the parties expressly indicates or demonstrates by its own behavior that it will not perform its contractual obligations, the other party may request the other party to assume the liability for breach of contract before the expiration of the time limit for performance. Article 579 If one of the parties fails to pay the price, remuneration, rent or interest, or fails to fulfill other pecuniary obligations, the other party may request it to pay. Article 580 If one of the parties fails to fulfill a non-pecuniary obligation or if the fulfillment of a non-pecuniary obligation is not in conformity with the agreement, the other party may request for its fulfillment, except for one of the following circumstances: (1) legal or factual impossibility of fulfillment; (2) the subject matter of the obligation is not suitable for mandatory fulfillment or the cost of fulfillment is too high; (3) the creditor fails to request for its fulfillment within a reasonable period of time. One of the exceptions provided in the preceding paragraph, so that the purpose of the contract can not be achieved, the people's court or arbitration institution may, at the request of the parties to terminate the contract rights and obligations, but does not affect the liability for breach of contract.

What should I do if I can't get a mortgage? Housing loans do not come down what consequences

Bank housing loans are now many people buy a house mainly rely on the way to buy a house is a big event in life, many people from the beginning of the selection of the house to buy a house when the formalities are happy, but in the processing of housing loans may encounter some unforeseen circumstances, if the housing loans do not come down how to do it? What are the consequences of not getting a home loan?

The bank's housing loan is now many people to buy a house mainly rely on the way to buy a house is a big event in life, many people from the beginning of the selection of housing to buy a house for the formalities are happy, but in the case of the housing loan may encounter some unexpected situations, if the housing loan is not done down how to do it? The first thing you need to do is to get your hands dirty.

How to do not down the mortgage

1, to understand the specific problem

If the buyer in the loan delayed receipt of the bank's reply, the buyer can first and the bank to confirm why the loan approval is not down, if the person's credit or water problems, ask to see if you can make up for the water again. Some banks may also offer to buy some financial products to increase credit. It is also recommended that there are other assets or certificates of deposit to improve credit, but also increase the proportion of the down payment to reduce the amount of the loan in the way, and then apply to the bank once again.

2, find a guarantee company

If there is a part of the buyer is really not good qualification, but especially want to buy the house, this time you can find a guarantee company loan. It is important to note that the costs involved will be higher than the cost of a direct bank loan. Because the guarantee company in addition to the borrower to pay the handling fee, but also need to pay the guarantee fee, interest fees and other costs.

3, consult other banks

Home buyers should learn to spread the risk, if a bank for the loan, home buyers in a clear understanding of the reasons for their loan for the down after a serious analysis, in this case you can consider a different bank. Different banks have different regulations and audits for loan conditions, so if a home buyer applies for a home bank but delays in return, it may be worthwhile to change the bank.

What are the consequences of not getting a mortgage

1, the developer problem

Loan processing may also be the developer's problem, due to the negligence of the developer's staff, omitted to submit materials, resulting in the loan can not be issued on time, the buyer can be based on the contract agreement to terminate the contract, and advocate for developers to assume the responsibility of breach of contract, return the down payment.

2, the bank lending too slow

If just because the bank lending speed is too slow, meet the policy tightening, lending time generally become longer, the loan need to wait a few months is very normal. When encountering this situation, we signed a loan contract, you can agree on the release time, the bank did not release the money within the specified time, belonging to the bank side of the breach of contract, the borrower can claim that the bank is liable for breach of contract. But if the policy changes caused by the loan can not be done down, belong to force majeure.

3, the buyer's personal problems

The mortgage can not be down, but also may be the buyer to submit the wrong materials, incomplete materials, personal credit bad. The only way to do this is to cancel the purchase contract. In this case, the buyer should be compensated for the liquidated damages, and the seller should return the down payment. The buyer can consult with the lender's creditors before applying for a loan, the creditors know more about the lender's situation and policy requirements, and solve the problem in a more targeted manner.

The above is about the home loan is not down how to do as well as the home loan is not down what the consequences of the introduction of the home loan is not down, the home loan is not down for a number of reasons, the home buyer should be within the scope of the ability to carefully verify the house, the owner of the situation, truthfully submitted information, try to avoid mistakes, their own responsibility.

Buying a home loan is not down who defaulted

The reason why the home loan is not down is mainly because the home buyer, developer and lending bank of the three aspects of the one side of the problem caused by, specifically, the following: 1, the reason for the home buyer. Generally because of the home buyer's reasons and lead to mortgage not down, mainly because of the home buyer's personal credit or submitted materials have problems. Generally speaking, the bank is very important in this regard, if the buyer really have problems in this area, it is very difficult to get a loan. 2, the developer, that is, the seller of the house. When you buy a new house, the developer may have problems, that is, due to too many buyers, resulting in the developer omitted to submit materials, or the developer sells the house without a pre-sale license, both of which will lead to the mortgage can not be done. When buying a second-hand house, it may be because the seller intentionally or unintentionally conceal the true situation of the house, and lead to the bank approval of the mortgage can not be down. 3, the bank's reasons. There is another situation, is the bank's reasons, that is, due to policy and other reasons, resulting in the bank mortgage time elongated. In the face of this situation, it is recommended that when you sign a loan contract, it is clear that the release time. If the bank does not release the money on time within the specified time, it is possible to ask the bank to bear the responsibility of breach of contract.

Legal basis:

Interim Measures for the Administration of Personal Loans Article 11 Personal loan applications should have the following conditions: 1. The borrower is a citizen of the People's Republic of China with full capacity for civil behavior or a natural person outside the country in accordance with the relevant provisions of the State; 2. The purpose of the loan is clear and lawful; 3. The amount of the loan application, the period and currency is reasonable; 4. The borrower has the willingness to repay and the ability to repay; 5. The borrower has the willingness and ability to repay; 5. The borrower has a good credit status and no major adverse credit records; 6. Other conditions required by the lender.