mortgage
2065438+In August 2005, the buyer Xiao Zhang signed a house sales contract with the seller Xiao Liu, agreeing to buy a house owned by Xiao Liu at a transaction price of 8 million yuan. After the contract was signed, Xiao Zhang paid Xiao Liu 2 million yuan as promised. Later, Xiao Zhang found that the house had been mortgaged in May 20 15, and Xiao Liu refused to cancel the mortgage, so the house transaction could not continue. Therefore, Xiao Zhang sued Xiao Liu to the court, demanding the termination of the sales contract between the two parties, and demanding that Xiao Liu return the paid amount and pay the liquidated damages.
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Mortgage means that the mortgagor and the mortgagee (creditor) agree in writing not to transfer the possession of the mortgaged property as a guarantee. When the debtor fails to perform the debt, the creditor has the right to discount it according to law or give priority to compensation with the price of auction or sale of the property. In second-hand housing transactions, the following situations often occur: 1. When the two parties signed the house sales contract, the buyer knew that the house was mortgaged and agreed that the seller would cancel the mortgage within a time limit, but then the seller breached the contract and did not go through the formalities of canceling the mortgage; 2. When signing the house sales contract, the buyer did not know that the house had been mortgaged; 3. After the house sales contract is signed, the seller will set a new mortgage on the house. Because mortgage involves the legitimate rights and interests of the third party mortgagee, in the case of mortgage, the sales contract can not be continued, and both parties can only terminate the contract.
close
2065438+In February 2006, the buyer Xiaojiang signed a house sales contract with the seller Xiao Wu. After the contract was signed, Xiaojiang paid the purchase price as promised, but was told that the house had been sealed up by the foreign court and could not continue to transfer. It turned out that Xiao Wu borrowed 8 million from an outsider and was unable to repay it later. The outsider sued Xiao Wu in a foreign court and applied to the court to seal up the house under Xiao Wu's name. During the period of seizure, the sale, mortgage and transfer are prohibited. In desperation, Xiao Jiang sued Xiao Wu to the court, demanding the termination of the sales contract between the two parties and demanding that Xiao Wu return the purchase price and pay liquidated damages.
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The seizure mentioned here mainly refers to the property preservation in civil litigation, and refers to the compulsory measures taken by the people's court to restrict the disposition of the parties' property or disputed objects in order to ensure the execution of future effective judgments or avoid property losses. There are mainly the following situations: 1, before prosecution or during litigation, one party applies for property preservation measures to seal up the property under the name of the other party; 2. In the process of execution, if the person subjected to execution fails to perform his debts and there is property available for execution under his name, it may also be sealed up. After the property is sealed up, it is forbidden to mortgage and transfer, so the house sales contract cannot be continued in this case.
The central delivery room cannot go through the listing procedures.
On August 20 16, the buyer Xiao Liu and the seller Xiao Zhang signed a house sales contract. During the performance of the contract, because the house does not meet the conditions for the delivery and listing of the center, it is impossible to go through the listing procedures and the contract cannot be continued. Xiao Liu sued Xiao Zhang to the court, demanding the termination of the sales contract between the two parties and demanding that Xiao Zhang bear the liability for breach of contract.
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The so-called central delivery, known as "public housing purchased by the central unit in Beijing", generally refers to the housing project housing and fund-raising housing jointly built by the central unit in Beijing purchased by employees at the cost price or standard price of housing reform. This kind of house is different from ordinary commercial housing, and there are certain policy restrictions on the sale. If you want to sell the central house, the premise is that the house meets the listing conditions and can be listed, and you need to apply for the listing registration form of purchased public houses. If the listing conditions are not met, the court cannot force both parties to continue to perform the contract.
The qualification for buying a house has changed.
On 20 15 10, the buyer Xiao Wu and the seller Xiao Liu signed a house sales contract. After the contract was signed, Xiao Liu refused to continue selling the house to Xiao Wu on the grounds of rising house prices. Xiao Wu sued Xiao Liu to the court and demanded to continue to perform the contract. During the trial of the case, after verification by the court, Xiao Liu refused to perform the contract, so Xiao Wu re-purchased the house and went through the transfer formalities in June 20 16. Now Xiao Wu is no longer qualified to buy a house. After the court explained, Xiao Wu changed the litigation request, demanding the termination of the contract between the two parties and demanding that Xiao Liu bear the liability for breach of contract.
analyse
According to Beijing's housing purchase restriction policy, 1 housing is limited to households with registered residence in this city, people with valid temporary residence permits in this city who have no housing in this city and have been paying social insurance or personal income tax continuously in this city for more than 5 years (inclusive). Since the introduction of the purchase restriction policy, disputes have been increasing. Common situations are as follows: an individual or family meets the purchase qualification when signing the purchase contract, and then the individual or family repurchases the house during the performance of the contract or the court proceedings, or the husband and wife remarry to buy a house after divorce, which no longer meets the purchase conditions, resulting in the existing purchase contract being unable to continue to be performed.
(The above answers were published on 20 17-03-30. Please refer to the actual situation for the current purchase policy. )
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