If the mortgage fails, the judgment of the liability for breach of contract can be divided into the following situations: 1. Reasons of the developer If the developer sells the house without the pre-sale permit, or the developer fails to hand in the loan materials in time, the mortgage will be handled indefinitely. At this time, due to the developer's reasons, the contract between the two parties cannot be fulfilled, and the buyer has the right to terminate the contract, requiring the developer to bear the liability for breach of contract and refund the deposit and down payment. 2. Reasons of the Seller For the house involving * * property rights, the seller sells the house to the buyer under the condition of concealing * * property rights. The house purchase contract signed at this time is invalid, so it is impossible to handle the transfer, so it is impossible to handle the mortgage loan. This situation is due to the seller's breach of contract caused by concealing someone's real information, and the buyer can ask the seller to bear the liability for breach of contract and liquidated damages. 3. If the buyer fails to provide materials in time, or the materials provided are incomplete or untrue, it is impossible to apply for bank mortgage. These are all the problems of the buyer, who needs to bear the responsibility for breach of contract and can't get back the deposit. 4. If there are changes due to government or bank regulations, such as stopping mortgage business, the buyer and the seller can negotiate. If negotiation fails, the buyer can appeal to prove that he is not at fault, and ask to cancel the purchase contract and refund the deposit. According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Second, about the handling of loan default.
This is subject to the agreement in the purchase contract at that time. The buyer is an auction house, and the developer will urge the buyer to go to the bank to apply for a loan because the developer is short of funds.
Third, about the second-hand housing mortgage loan default handled by the Postal Savings Bank!
The preferential interest rate policy should be changed. You can consult the manager of the personal loan department of the bank for details.
Fourth, the loan contract was signed, and the bank said it could not be done. Is this a bank default, so why?
There is no conflict between the two.
Under normal circumstances, after you pay the down payment, you have to sign a contract online for the record, and then apply for a bank mortgage loan.
However, in order to avoid customers' poor credit information and serious overdue loans, banks will generally lend money before paying the down payment, and banks will judge whether to give you loans according to your material credit information, which is good for both developers and customers, so it is no problem for salesmen to make this request. The key point is to sign the contract online when paying the down payment, because it is affected by the policy. At present, contracts are initialled in many places, and the online signing and filing contracts have to be postponed, while banks only recognize online signing and filing contracts, otherwise they will not give you loans. For you, the online signing and filing contract is the only thing that can prove that you are the owner of this house, so, do you understand?