2. Housing shutdown refers to the developer's failure to build and deliver the house according to the time agreed in the purchase contract, which belongs to the developer's breach of contract. Mortgage is the creditor-debtor relationship between the buyer and the bank, which is not affected by the developer's default. Its legal relationship with mortgage loan is relatively independent, so it cannot directly give the buyer the right to stop lending.
3. Without the consent of the bank and the support of the court's judgment, the buyer's suspension of the loan constitutes a breach of contract, and the credit investigation may be affected. At the same time, it may be prosecuted or even enforced.
legal ground
The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts
Article 19 As stipulated in the commercial housing sales contract, if the buyer fails to conclude the commercial housing secured loan contract due to one party's reasons, the other party may request to cancel the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.
General principles of loans
Article 32 The borrower shall repay the loan principal and interest in full and on time in accordance with the loan contract. The lender shall issue a notice of repayment of principal and interest to the borrower before the short-term loan expires 1 week and the medium-and long-term loan expires 1 month;
The borrower shall prepare funds in time and repay the principal and interest on schedule. The lender shall promptly issue a notice of overdue loan collection, and do a good job of overdue loan principal and interest collection. Lenders charge interest on loans that cannot be repaid within the time limit stipulated in the loan contract;
If the principal and interest cannot be repaid or executed, it shall be urged to repay or bring a lawsuit. The borrower shall negotiate with the lender when repaying the loan in advance.
People's Republic of China (PRC) Civil Code
Article 673 Where the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.