First, after the implementation of the civil code, the house will be mortgaged against the seller.
There are new tricks!
1. Keywords: Civil Law Countermeasures for Mortgage of House Sales Contract.
2. Typical case:
Xiao Wang bought a second-hand house from Lao Lei for 6.5438 million yuan. After the contract was signed, Xiao Wang paid all the money. Lao Lei delivered the house to the little queen according to the contract, and did not go through the transfer registration procedures. Xiao Wang learned through investigation that Lao Lei borrowed a large sum of money from a small loan company and mortgaged the house he bought. Now the small loan company has become the mortgagee of its own house. Later, Lao Lei defaulted on the loan and the small loan company wanted to take back the house. Xiao Wang, who just bought a house, is in a hurry. After many unsuccessful negotiations with Lao Lei and the small loan company, he sued Lao Lei and the small loan company to the court and asked Lao Lei to go through the transfer registration procedures.
3. The Court ruled that:
The court held through trial that the house sales contract between Xiao Wang and Lao Lei and the loan contract between Lao Lei and the small loan company were not fulfilled when the Civil Code was implemented. According to the relevant judicial interpretation, whether Xiao Wang's petition can be supported should be judged by applying the Civil Code. According to Article 406 of the Civil Code, the mortgagor may transfer the mortgaged property during the mortgage period. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected. Therefore, even if the small loan company has the mortgage right of the house involved, the mortgage right will not affect Lao Lei's performance of the house sales contract with Xiao Wang. Accordingly, it was decided that Lao Lei would cooperate with Xiao Wang to register the house transfer to Xiao Wang's name.
Second, understand the main points of the law: what are the tricks for buying a house to be mortgaged?
1. Take a vaccination. Sign an online contract as soon as possible. After the signing of the house sales contract, the online signing and filing procedures shall be handled in time. At this time, the house can no longer be sold or mortgaged in the real estate registration department, in case something goes wrong in the end.
2. Take some oral medicine and ask to cancel the house sale.
According to the Property Law (abolished by the Civil Code), there are obstacles for the seller to perform the house sales contract because the mortgagee does not agree to the house still mortgaged. Therefore, as a buyer, you can request to cancel the house sales contract and ask the seller to compensate for the losses.
3. Do a minor operation, request to confirm the application that the mortgage contract is invalid or the basic creditor-debtor relationship is invalid, and confirm the invalidation of the mortgage contract through the application, so as to realize the purpose of canceling the mortgage right and clear the obstacles for the seller to cooperate with the next application for transfer registration.
4. New specific drugs require transfer registration procedures one by one.
After the implementation of the Civil Code, the stipulation that the transfer of mortgaged property needs the consent of the mortgagee in the Property Law has been changed. Therefore, in this case, under the premise of applying the Civil Code, you can directly request the seller to handle the transfer registration procedures.