1. How can the loan still be used after the loan contract is terminated? During the process of mortgage house purchase, there are two different legal relationships, namely the house purchase and sale relationship between the house buyer and the developer and the house buyer (borrower) and the loan. Bank lending relationship. It can be seen from the above legal relationship that the home buyer (borrower) has the obligation to return the loan to the bank. However, after the home buyer (borrower) signs a loan contract with the bank, the bank has transferred all the money to the developer's account as agreed in the contract. At this time, the home purchaser (borrower) and the developer agreed to terminate the home purchase contract. The home purchaser lost the house and did not hold the loan. It would obviously be extremely unfair if the home purchaser (borrower) continued to repay the principal and interest of the bank loan. So after the mortgage contract is terminated, will the loan issued by the bank be repaid by the home purchaser or the developer? After the home purchase contract is terminated, the developer should return the purchase money to the home purchaser. Therefore, for the home purchaser, the developer becomes the repayment obligor. . After the mortgage contract is terminated, the home buyer should return the loan to the bank, so as far as the bank is concerned, the home buyer becomes the repayment obligor. In this way, the developer becomes the debtor of the bank (the home buyer), and the developer repays the loan directly to the bank, which has the effect of eliminating the repayment obligation of the home buyer. Article 24 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial House Sales Contracts" stipulates: "Because the commercial house sales contract is confirmed to be invalid or revoked or terminated, the purpose of the commercial house guaranteed loan contract cannot be achieved, and the parties request for termination Article 25, paragraph 2, stipulates that “after the commercial housing sales contract is confirmed to be invalid or revoked or terminated, and the commercial housing secured loan contract is also terminated, the seller shall transfer the received house purchase loan to The principal and interest of the purchase price will be returned to the secured party and the buyer respectively. "According to the above provisions, the home purchaser (borrower) can only confirm that the house sales contract is invalid or revoked or terminated through legal procedures, that is, through litigation or arbitration. Afterwards, the home buyer (borrower) or the bank must make a claim to terminate the guaranteed loan contract through legal procedures before the loan contract can be terminated. Only when the loan contract is also terminated will the remaining loan principal and interest be borne by the developer. If the home buyer only terminates the house sales contract by consensus with the developer, but does not terminate the guaranteed loan contract with the bank through legal procedures, the validity of the loan contract will still exist, and the home buyer (borrower) should still repay the loan to the bank. Therefore, in order to resolve disputes more conveniently and reduce unnecessary litigation, and considering that bank loans are actually allocated to developers, the Judicial Interpretation of Commercial Housing directly stipulates that after the mortgage contract is terminated, the developer shall transfer the home purchase loan received to the developer. Interest is returned directly to the bank. 2. What are the risks of a mortgage loan? If you need to apply for a bank mortgage to buy a house, please pay attention to the following risk tips: 1. The approval results of the mortgage loan application (including loan amount, term, interest rate), the time required for approval, and the actual loan time There are uncertainties in all situations. In order to avoid unnecessary disputes, it is recommended to go through the mortgage approval procedures before signing a house sales contract, or stipulate in the house sales contract the corresponding treatment methods for different approval results. If the approval amount is less than a certain amount, Or what to do if the mortgage procedures are not completed within the agreed time. 2. Introduce your credit status truthfully and do not provide false information. The credit status of the mortgage applicant is an important basis for bank approval. The bank will check and verify through the credit reporting system. If the mortgage applicant is found to have provided false information, the bank will reject the loan. 3. Learn more about the specific conditions of the house you are purchasing. In addition to the location, ownership, area, total price, and purpose of the house, home buyers also need to know the age of the house, whether it is a housing reform, whether it is rented, and whether there are any restrictions on rights such as mortgage or seizure. These conditions directly affect the approval. result. 4. Carefully understand the specific content of mortgage loan products. In response to market demand, banks continue to launch various mortgage loan service products. The rights and obligations of borrowers in different products are different, involving repayment time and period, repayment amount of each period, early repayment and many other contents, which should be understood clearly. 5. Carefully check the specific contents of the signed documents. There are many documents that need to be signed when applying for a mortgage. The mortgage applicant must read them carefully one by one to understand the content, purpose and legal consequences of the signed documents.

To sum up, the loan contract can generally be actually terminated only after strict procedures. After the loan contract is terminated, it is also related to the issue of repayment. At this time, the relevant judicial interpretations stipulate that the remaining loan principal and interest will be borne by the developer.