If the buyer knows that the purchased property has been mortgaged by the developer privately, he can negotiate with the developer first, ask him to repay the debt owed and cancel the mortgage of the property, and at the same time give the buyer corresponding economic compensation or loss; If negotiation fails, the buyer can collect relevant evidence, list the developer as the person who was informed there, request an order to cancel the mortgage registration, handle the real estate license in time and bear the corresponding liability for breach of contract and economic losses.

Before the lawsuit, the evidence that buyers need to collect includes: commercial housing sales contract, one-time payment invoice, deed tax certificate and maintenance fund invoice, business files and copies of business licenses for developing business opportunities (these two items are used to prove the legal person qualification of developers, and lawyers can be entrusted to obtain them from the industrial and commercial authorities), identity certificates of buyers, mortgage contracts and loan agreements retained in real estate files obtained by lawyers, and other related materials.

In this case, because property buyers are "reasonable", they can ask developers to refund the purchase price, and developers usually agree to reasonable compensation requirements. If property buyers do not follow closely, developers will generally continue to "occupy" the house payment of property buyers by delaying. Therefore, once the property buyers find that the property is mortgaged by the developer, they should urge the developer to compensate as soon as possible and not give them an opportunity.

The commercial house I bought was mortgaged to the bank by the developer. What should I do?

If it is verified that the developer has gone through the mortgage registration formalities for the house purchased by the purchaser, and the mortgage behavior occurred before the purchaser and the developer signed the purchase contract, according to Article 3 1 of the People's Republic of China (PRC) Real Estate Management Law, the developer can only transfer the house as collateral to the purchaser with the written consent of the mortgagee (i.e. the loan bank), otherwise, the transfer behavior is invalid.

In this case, the commercial housing sales contract signed by the purchaser and the developer is invalid, and the purchaser has the right to ask the developer to return the paid purchase price and compensate the losses such as interest.

If it is verified that the mortgage behavior of the developer is after the buyer and the developer sign the commercial housing sales contract, the buyer can ask the developer to bear the losses that may be caused by the mortgage of the property, such as the buyer failing to handle the property right certificate on time.

Of course, since the purchaser has obtained the usufructuary right of the house after signing the commercial housing sales contract with the developer, the developer has no right to mortgage the house in his own name at this time. Therefore, the purchaser can ask the developer to release the purchased house within a time limit. Otherwise, the developer can be required to bear tort liability and claim compensation for the economic losses suffered.

Extended data

legal provision

1, check the relevant provisions of Article 24 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights, Article 3 1 of People's Republic of China (PRC) Real Estate Management Law, Article 36 of People's Republic of China (PRC) Guarantee Law (as mentioned above) and Provisional Regulations on Assignment and Transfer of Urban State-owned Land Use Rights. And the other two provisions can only be used for mortgage and transfer of house ownership.

2. If the owner mortgages or transfers the ownership of the house, it can't be a castle in the air because the house must be built on a certain land and have a certain land rights foundation. Therefore, in order to simplify the real estate transaction relationship, the law stipulates that the land use right should be transferred and mortgaged together. However, the law does not stipulate that when the land use right is transferred or mortgaged, the buildings on the land must be mortgaged and transferred together.

correct

The mortgagor enjoys the following rights:

1. The mortgagor enjoys the ownership of the mortgaged house and has the right to obtain various benefits from the mortgaged house.

2. The mortgagor has the right to dispose of the mortgaged house, but if he wants to transfer the mortgaged house, he must obtain the consent of the mortgagor in advance.

3. Mortgaged houses can be mortgaged many times, provided that the total amount of creditor's rights secured by several mortgages is not greater than the value of mortgaged houses.

The mortgaged house can be rented.

accountability

1. The mortgagor's main obligation is the custody obligation, that is, to properly maintain and maintain the mortgaged house. When the value of the mortgaged house is reduced due to the infringement of the mortgaged house by the mortgagor, the mortgagor shall restore the original state of the mortgaged house or provide a guarantee equivalent to the reduced value.

2. If the mortgaged house is damaged or lost, the mortgagor shall use other property as collateral. When the mortgaged house is damaged or lost due to force majeure or other reasons not attributable to the mortgagor, the mortgagor may provide a guarantee to the housing mortgages people who have the right to claim compensation, or transfer the right to claim compensation to the mortgagee and get exemption.

Mortgage characteristics

1. House mortgage is the guarantee of the original creditor-debtor relationship, and it is the master contract, and the house mortgage is the slave contract. It is based on the legal and effective existence of the original master contract and cannot exist independently.

2. The mortgaged house can be kept by the mortgagee or the mortgagor, generally by the mortgagor. The custodian shall properly keep the mortgaged house.

3. When the party with the obligation to pay off the debt fails to perform its obligations, the mortgagor can directly exercise the housing mortgages and realize his rights without relying on the debtor's behavior.

4. The mortgaged property must be a house, and the mortgagor of the house can be a debtor or a third person. The mortgagor must own the mortgaged house. If the mortgaged house is a state-owned house, the mortgagor must have the right to dispose of the mortgaged house.

5. The establishment of house mortgage is generally in written form, and the scope of guarantee should be clearly defined.

7. After the house is mortgaged, the mortgagor will not lose the ownership of the house. Therefore, the mortgagor should bear the risk of accidental loss of the house.

8. Housing mortgage loan is a kind of security interest. If the mortgagor transfers the mortgaged house to a third party without the consent of the mortgagor, the mortgagor has the right to recover the mortgaged house, and the losses suffered by the transferee shall be borne by the mortgagor.