How to test the existence of commercial housing purchased by mortgage cases

Housing developers in the development process, often the need for financing, to obtain all or part of the state-owned land use rights or are under construction in the works to the banks as collateral for loans.

According to China's "security law", without the consent of mortgages, mortgage person shall not sell collateral. Therefore, the mortgage has not yet lifted the circumstances, the sale of commercial housing developers to be enjoyed by the mortgage bank's consent and ensure that pre-sale and the money must first be used to repay bank loans, bank loan commitments in the gradual liquidation of the At the same time gradually lifting mortgage. Only in this way can guarantee buyers to buy property there is no third party rights, property rights for both buyers and sellers can smooth the transfer procedures.

June 11, 2002 "People's Supreme Court on construction projects of priority for repayment of the purchase price of the letter of approval" while the second was "consumers to buy commercial housing delivery of all or most of payment, the contractor on the enjoyment of the commercial housing projects Priority for repayment of the price the buyer can not confrontation ", but the purchase was secured to buy the property, there are still greater risk, in practice, many of the sales staff to purchase explained that now the housing purchase The mortgage is a normal situation, is actually misleading the people buying houses, attention should be paid. Once the mortgage if the mortgage bank to exercise the right to purchase it will be very difficult for people miscarriage permits, housing delivery can not be achieved, so that developers can only be to default responsibility, but then developer's financial strength and how, Be capable of returning Fangkuan and very difficult to predict the breakup.

Buyers in the state certified developers to produce land-use permit, it should be noted on the certificate "of his right to prove" whether the column marked with the mortgage situation. Buyers should be clear to developers on whether the mortgage agreed to sell the collateral and agreed to gradually lift the mortgage, and whether they signed the relevant undertaking. And the procedures for transfer of ownership of property developers before you tell whether the original set of collateral had been lifted. If the developers are part of the land use right and some in the works for the mortgage, the buyer should pay attention to their own verified whether the purchase of the property belongs to a part of the collateral.

In addition, to purchase for their own housing has not been quarantined, the mortgage, can hire a lawyer to the housing of the Real Estate Trading Center for the CRDA.