Shanghai collapsed property behind the matter: three banks involved in a loan of 100 million yuan

Shanghai Minhang A 13-storey real estate occurred contour, also rare personal mortgage mortgage damage caused by the repayment problem pushed to the front desk. Monthly mortgage repayment time is coming, but the house is down, is not it can not repay the loan?　　This is the confusion of many community owners.　　According to the reporter survey, to "Lotus Riverside King Garden" issued personal mortgage loans are mainly three banks, including the bank, ICBC and Shanghai banks (including mortgages for other buildings not covered by the community), the commercial mortgage loan involved is about $100 million, which involves about $ tens of millions of in the commercial mortgage loan of the collapsed building. "It is true that some individual customers have raised whether they can stop the loan.　　"There is also a communication between several banks to reach a consensus solution," said one bank loan source. However, from the current point of view, the borrower's repayment responsibility is still difficult to exempt. "Although clients are also victims, this does not affect the debt and credit relationship between banks and borrowers," the bank said. The collateral does not exist, but it can still be traced to the borrower's other property.　　Chen Shifu, a lawyer at the Shanghai American Real estate law firm, argues that, in civil law, borrowers and Banks act as debtors and creditors, while property rights are the collateral that banks receive when they make loans, and the loss of collateral does not result in the end of the relationship between debtors and creditors. "If the collateral is lost, the bank can ask the borrower for a new guarantee," he said.　　Chen Shifu said that if lenders could no longer provide an alternative performance guarantee, the parties could negotiate a termination of the loan contract, but the bank could continue to recover the arrears from the borrower. Another way is through mortgage insurance to solve.　　The Bank loan department Personage said, if the force majeure event in the insurance scope, then the bank has the right from the insurance claims gold to obtain corresponding to the outstanding principal and interest compensation.　　But in this contour, the role of mortgage insurance may not be very big. In the first place, because of the voluntary principle of insurance contracts, some banks have stopped demanding loan clients to buy mortgage insurance from a few years ago (2005), so the amount of mortgage insurance that borrowers buy is unlikely to be high, according to the Bank's lending department.　　In addition, it is still a question mark whether the insurance company can cover the house. A reporter from a property insurance company in Shanghai to obtain mortgage insurance information, in the period of insurance, due to the following reasons for the direct loss of insurance property, the insurer in accordance with the terms of the contract for compensation, including fire, explosion; storms, rainstorms, typhoons, floods, lightning, mudslides, snow storms, ground collapse　　The fall of an airborne object and the collapse of a building or other fixed object not owned or used by the insured.　　However, the insurer is not liable for the damage caused by design errors, raw material defects, poor workmanship, settlement of buildings, and natural wear and tear and normal maintenance. At present, the reasons for the building, Shanghai authorities are further argumentation in the process. According to media reports, the Group of experts has nowGives a preliminary opinion report, which pointed out that the main factors leading to the collapse of the property is improper construction, in the side of the heap of soil too high and the other side of the excavation of the joint action, resulting in the high-rise in an instant to repeat.　　According to this reasoning, insurance companies are less likely to claim. But it is obviously unacceptable for the victims of the floor to be repaid. But bankers and lawyers agree that borrowers can repay bank loans by claiming to developers.　　As a result, these lenders can only wait for the Shanghai government's solution to come up with concrete action, "after all, this is different from the general customer defaults." "The developer should compensate the borrower for the principal and interest of the loan, the corresponding liquidated damages, and the difference in the replacement of the house."　　"Chen Shifu said.　　The above bank loan person calculates, to this real estate 70,000 square meters volume, each square metre 15,000 yuan price, the sale 70%-80% calculates, the sales income can reach 7-8 billion, if the developer does not misappropriate the fund, or transfers the assets, the developer's financial strength should be able to bear most of the liability. Interestingly, however, "no bank has ever heard of a development loan given to a developer, the developer of the inverted building, the Shanghai Plum Real Estate development company." "A large bank source said. And reporters to the above three banks to prove that they did not give developers to grant development loans.　　In general, the development of real estate loans to the issuing bank is usually the property of the individual mortgage loans Bank. The development of real estate does not loan is relatively rare. "The project floor price is not more than 600 yuan, plus the construction cost of more than 1000, the cost is quite low." "A real-estate person speculated.