When buying a house by means of bank mortgage loan, if the purchaser wants to return the house, it is necessary to handle both the commercial house sales contract signed with the developer and the bank guarantee loan contract existing due to the sales contract. Since all the money borrowed by the purchaser has already been transferred to the developer's account at one time, the developer's overdue delivery is a serious breach of contract. The purchaser has the right to terminate the commercial housing sales contract and ask the developer to compensate the actual losses such as bank interest and handling fees.

The specific operation is: first, the purchaser sends a return notice to the developer by registered mail, fax or telephone, asking the developer to give a clear answer within a certain period after receiving the return notice. Next, you can choose to apply three processing methods:

First, cancel the purchase contract, and the developer will refund the owner all the purchase price, interest and other registration fees. Then, the owner goes to the bank to cancel the secured loan contract, go through the formalities of repaying the loan in advance, and return the remaining loan principal and interest (part of which has been repaid monthly) to the bank in advance.

Second, the owner first cancels the secured loan contract at the bank, goes through the formalities of repaying the loan in advance, and returns the remaining loan principal and interest to the bank in advance. Then, the owner and the developer cancel the purchase contract and ask the developer to refund the owner all the purchase price, interest and other handling fees.

Third, the owner and the developer reached a check-out agreement, and the developer returned the down payment, paid mortgage, interest and other expenses to the owner. The remaining loan principal and interest owed by the owner to the bank also entrusted the developer to directly return to the bank to terminate the secured loan contract.

Since the loan has been paid to the developer's account at one time, the third method is often adopted in practice, and the developer pays the remaining loan amount and interest to the lender.

In addition, when buyers apply for mortgage loans, banks generally require buyers to buy insurance for their own houses, and the insurance beneficiary is the loan bank, so they have to go through the insurance surrender procedures after the loan contract is terminated.

If the developer does not agree to return a house and cannot reach an agreement on return a house, the owner can directly file a lawsuit with the court, requesting the court to solve the mortgage loan problem while canceling the purchase contract.