How to deal with the mortgage loan after the termination of the purchase contract?
Lawyer She Wei, a reader of Yunnan World Expo Law Firm, asked: I signed a house sales contract with a developer to buy a set of units in its development community. According to the contract, I paid 30% down payment to the developer first, and the rest was paid by the bank for the housing mortgage loan. Later, I learned from a friend that the developer sold the commercial house I bought to a third person, and the third person had paid off all the house payment. I want to cancel the commercial housing sales contract with the developer now, but what about the loan contract because I have a loan contract with the bank? Lawyer's answer: According to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, when you find that the developer has sold the house to a third party, you have the right to terminate the commercial housing sales contract. Once the commercial housing sales contract is terminated, it will inevitably break the original harmonious housing mortgage relationship. Because the purpose of your loan is to buy a house, and you as a mortgagor must have legal ownership of the mortgaged house. Therefore, after the termination of the commercial housing sales contract, the contractual purpose of the loan relationship will not be realized, and the legal basis of mortgage will also be lost. In order to solve the relationship between the commercial housing sales contract and the loan contract, Article 24 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes stipulates: "If the purpose of the commercial housing secured loan contract cannot be realized because the commercial housing sales contract is confirmed invalid or revoked or dissolved, the parties concerned shall support it if they request to dissolve the commercial housing secured loan contract." It can be seen that after the termination of the commercial housing sales contract supported by law, the parties can terminate the commercial housing secured loan contract. Editor: Yan Liu