"Reprint" property into a rotten tail lawyer: Buyers can not get the room also have to pay mortgage

House, House, house! When house prices soared, the mentality of hoarding to buy a house, and now worry constantly. Some of these troubles are because the house price is no longer so strong, feel remorse, some originally in order to store the house and drill the loophole, now endless.

Developer Capital Break

New house, rotten tail.

The bank urged me to continue my mortgage.

Shaoxing Cootianvan: In November 2012, I bought a suite in a town in Keqiao, 90㎡, 5400 yuan per square metre, plus mortgage interest in a total of more than 600,000.

After buying the room, I long-term business in Shengzhou, Keqiao's house did not ask. According to the purchase agreement, the time to pay the room is this May.

Last month, I came back to collect my house before I knew it was bad. The property is rotten tail. I heard that the developers because of the financial chain broken, owed a butt debt, surrendered. In the evening when I learned the news, I received a letter from the bank's mortgage, which is a great irony!

I would like to ask, seeing the house is hopeless, but I have to pay 2500 yuan a month mortgage payment, what can I do?

A professional lawyer for the real estate dispute of the elite law firm of Sir, Prince, director of Zhejiang Zhe Lian Law Office:

You can't get the house, and the bank mortgage, is two legal relations. You can't take a mortgage against a house.

The relationship between you and the developer is a house sale. Bank mortgage, is the bank to lend you, let you take the money to buy a house, the bank is a loan relationship between you. The bank lends money to you in full, without fault, and you cannot afford to take the house out of the bank now.

This is the legal relationship, from the reality, I understand that the house can not get, but also to pay mortgage payments, really helpless.

How to solve: first, check whether the developer has other assets to be sealed, you can be the developer did not fulfill the house, contract breach of the claim compensation. The premise is that developers have other assets to compensate. If not, there have been all the owners of their own pooled to cover the house, self-collection of the situation.

Second, to see the developer housing Rotten Tail, is not the construction money to move for him. In general, the construction funds are earmarked for special purpose, in the supervision of accounts, money expenditure must be related to the project. If the developers move on, the regulators, such as the Housing Authority and the bank that regulates the accounts, may be under regulatory default and need to be held accountable.

Owner of Double Room

For both in-laws

How to avoid legal risks

Netizen "Sunset Red": Two years ago my family bought a set of "special" house. The house was actually bought for the daughter-in-law, but the couple had a house in their name and could no longer buy it in their own name. The second "special" is that we bought a double room, developers two sets of less than 90 square meters of the house opened into a large set of selling, but the property card to do two, calculate two suites, purchase also need two home purchase qualifications. At that time, two purchase qualifications, is our two old and in-laws two old.

However, the housing investment, we two old out of more than 1 million, my daughter their small couple out of more than 500,000, in-laws no money.

I am always worried that such a complex housing property rights will have a trouble.

Prince: We put aside the affection not to say, single-talk legal risk. If the property certificate is a two-party in-laws, that is, two of the old couple's name, then, legally speaking, they are the owners of the house, the right to buy and sell, or mortgage registration loans, or business failure or even gambling, for debt repayment.

Even if you are such a contribution ratio (the woman's parents, and the small couple to pay), is also unable to defend the external.

How to avoid such legal risks, both parents can "gift" to the small couple, the middle of a tax problem, about 3% of the total price of the house, so that the equivalent of the housing transfer to the small couple. The premise is that the housing payment has been paid, the house in the mortgage can not be given.

"Reprint" property into a rotten tail lawyer: Buyers can not get the room also have to pay mortgage