Who owns the property right after the housing loan, mainly as follows:
1. From the perspective of laws and regulations, the essence of mortgage in China is mortgage. For the existing house mortgage, it refers to the existing house mortgage, and the relevant provisions of the Guarantee Law and its judicial interpretation on real estate mortgage are directly applicable. As for the mortgage of auction house, the Measures for the Administration of Urban Real Estate Mortgage is called "pre-purchase (pre-sale) commercial housing mortgage".
2. From the judicial interpretation, personal housing mortgage loan actually refers to personal housing secured loan. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, which came into effect on June 1 2003, clearly put forward the concept of secured loan contract for commercial housing. Inferring from the restrictive relationship between the commercial housing sales contract and the commercial housing secured loan contract in Articles 23, 24 and 25 of this judicial interpretation, individual housing secured loan and individual housing mortgage loan have the same meaning.
3. From the perspective of legal subjects, there are multiple legal subjects. Housing mortgage loan includes three basic legal subjects: the borrower (that is, the buyer), the developer and the loan bank.
4. From the legal relationship, it has multi-layer legal relationship. Housing mortgage includes three basic legal relationships, namely, the legal relationship between the developer and the borrower, the legal relationship between the borrower and the loan bank, and the legal relationship between the borrower and the loan bank.
In addition, there may be the following legal relations: the legal relationship between the developer and the loan bank to ensure that the borrower pays off the loan in the pre-sale stage; The insurance relationship arising from the borrower's handling of insurance with the insurance company according to the types of insurance stipulated by the loan bank; When the borrower can't repay the principal and interest to the loan bank as agreed, the developer repurchases the house at a certain proportion of the original house price, which causes the house repurchase relationship.