A customer, Zhang Lei (pseudonym), sold a batch of equipment that did not meet the contract standards to Party A. Zhang Lei thought that he was really the wrong party and was willing to pay Party A 6,543,800 yuan. Since Zhang Lei had no idle funds, he applied to the bank for a mortgage loan of 2 million yuan, which was approved and signed. At the time of mortgage, he was told by the real estate registration center that the house was preserved and could not be mortgaged.
Originally, Party A asked Zhang Lei to pay compensation of 6,543.8+0.5 million yuan, and Zhang Lei expected the highest compensation amount to be 6,543.8+0.5 million yuan. Because Party A was not satisfied with the expected payment, he filed a lawsuit with the court during the loan period in Zhang Lei, and saved Zhang Lei's house. After a period of time, Party A won the case and decided that Zhang Lei should pay Party A 1.52 million. At this time, the judge gave Zhang Lei two choices. One is to execute the judgment within 15 days and pay 1.52 million yuan. The other is to refuse to execute the court decision and wait for the court to take Zhang Lei's house.
During this period, Zhang Lei agreed to pay compensation, but only after Party A agreed to cancel the guarantee can Zhang Lei mortgage the house to the bank and lend it to Party A to fulfill the judgment. When Party A's lawyer raised risks, Party A disagreed with the plan.
Later, Zhang Lei found an intermediary to solve the seizure problem, borrowed money to pay Party A, and closed the case. Zhang Lei thought he could go to the bank for mortgage loan after payment, but he was told by the bank that he could not accept it in the short term.
Unsafe (preservation): refers to the defendant's house being sealed up or preserved, the property right of the house being frozen by the court, and it is impossible to sign online for sale or set mortgage icon. The defendant agreed and cooperated in closing the case, but because the defendant had no funds, he borrowed money from the intermediary to pay the plaintiff, and the house was mortgaged or sold after the case was closed.
Generally speaking, the institution that cancels the seal will ask the borrower (defendant) to take two follow-up measures. One is to agree and cooperate to mortgage the house to the pawn institution (the bank basically refuses to accept it and can only mortgage it to the accepting institution). In this case, the amount of stamp will generally not exceed 50% of the house value, and only after the loan issuing institution has signed a fair contract will the issuing institution cooperate with the borrower. One is that the borrower (defendant) agrees and cooperates to pay the house purchase price. Generally, the borrower needs to find the full buyer and collect the house purchase deposit. The sealing institution can advance the sealing amount, and the upper limit may be 70-90%.