1. According to the regulations of the Construction Committee (or Housing Authority), the pre-sale houses need to be put on record. This is the pre-sale contract filing. The main purpose is to ensure property buyers and prevent developers from selling more than one room.
2. If the pre-sale houses and contracts are mortgaged (or liquidated), the Project Construction Committee (or Housing Authority) has no special mortgage filing procedures.
3. At this time, if you want a mortgage loan, such as a bank loan, the bank will sign a tripartite mortgage contract with the owner and developer. The contract stipulates that after the house is completed, the right to use the house belongs to the owner and the property right of the house is mortgaged to the bank.
4. In addition, another contract will be signed with the owner and the developer respectively, stipulating that the main obligation of the owner is to repay the loan on time, and the main obligation of the developer is to provide guarantee, handle the real estate license in time and assist in the mortgage registration procedures.
5. After the house is completed, the developer shall handle the property right certificate, and both the developer and the owner shall handle the house property right certificate. The name of the property certificate registration is the name of the owner.
6. The bank shall go to the Construction Committee (or Housing Authority) for mortgage registration with the completed house property right certificate. At this time, the house is mortgaged in the hands of the bank. If the owner cannot repay the loan, the bank has the right to dispose of the house. By this time, banks are really relieved of the security of their loans.
Second, according to the above process, you can refer to solve your problem:
1. If he directly mortgages the house to you, the Construction Committee (or Housing Authority) has no corresponding mortgage procedures. You can't get the protection of the Construction Committee (or the Housing Authority).
2. According to the relevant regulations, the pre-sale houses are not allowed to be resold, but in practice, with the cooperation of the developers, the name of the pre-sale contract is changed (equivalent to resale). So you can't control his resale.
If you can sign a careful contract like a bank, and sign a contract with him and the developer, you can be completely guaranteed.
If he directly mortgages his house to the bank, it's also a loan from the bank, and he will pay it back, which has nothing to do with you.
Third, the current countermeasures and suggestions:
1. If he doesn't want the house and mortgages it directly to you for repayment, you should ask the developer to explain the situation. If the developer agrees, it will help you change the contract. After the change, the name on the pre-sale contract is yours.
If the developer doesn't agree, you can only transfer the house to you after the real estate license is done. You need to sign a contract and make an agreement. However, the process of obtaining real estate license is very long, usually 1-2 years, which is risky.
If he doesn't want a house, you don't want a house, you just want money, and the developer doesn't agree to change it, then he can only sell the house and return it to you after the property right certificate is issued. You sign a loan contract, stipulating when to repay the loan and how to calculate the interest.
If he wants a house, take it as a guarantee to ensure that he still owes you money, and sign a written contract with him quickly to make an agreement.
Generally speaking, your risk is high. Anyway, sign the agreed things into a written contract first, and it's better to notarize them.
It may not solve your problem, but I hope it helps.