Unspoken rules of mortgage: see how banks such as Shanghai Pudong Development Bank bury mines for buyers.

In reality, the phenomenon of delaying mortgage registration after buying a house with a loan exists in large numbers, and ordinary property buyers simply don't know it. Since 2008, there have been at least 12 such cases in this city. Experts said that the reluctance of banks to register mortgages will undoubtedly "bury mines" for buyers and bring great risks to buyers. Once this "hidden rule" is used maliciously, it will apply to the court to seal up the property after deliberately creating malicious lawsuits, and then the bank will let the buyers "go bankrupt". Typical case: an economic dispute unexpectedly leads to a series of lawsuits. Zhang Lin (a pseudonym) is a businessman, who used to live comfortably and richly. In the summer of 2009, he had an economic dispute with a company. The other party sued Zhang Lin and applied to the court to seal up a house in the Fortune Center of Chaoyang District under Zhang Lin's name. Just when Zhang Lin was worried about this lawsuit, he accidentally received another court summons. The house in Fortune Center was bought by Zhang Lin with a loan, and Shanghai Pudong Development Bank (600,000 shares) sued him. The bank asked Zhang Lin to immediately repay the principal and corresponding interest of the remaining loan of 5.09 million yuan. "I have been paying my mortgage on time. What did the bank tell me? " Zhang Lin consulted a lawyer to understand why. It turns out that every mortgage payment, banks need to use the property of the buyers as collateral. According to the law, the real estate mortgage will have legal effect only if it goes through the mortgage registration formalities with the Construction Committee. Although Shanghai Pudong Development Bank has issued loans for Zhang Lin, it has not gone through the mortgage registration procedures. The reason why the two banks sued Shanghai Pudong Development Bank for a one-time repayment of the loan is that the house has been sealed up by the court and can no longer go through the mortgage registration procedures, which means that the legal mortgage of the house can no longer be established. The risk of unsecured loans is too great, so Zhang Lin asked to cancel the loan contract and pay off the remaining loans in one lump sum. Zhang Lin said: "According to the general understanding, after I sign the mortgage contract, the bank will lend me a loan, and I will just pay back the monthly mortgage on time. Who knows what mortgage registration is! Besides, even if you haven't registered your mortgage, it's your bank's own job to be slow. How can you let me take this responsibility? " Just as Zhang Lin was complaining, the third court summons came. It turned out that after the Shanghai Pudong Development Bank sued, it applied to the court to seal up another property of Zhang Lin in Sunshine Shangdong Community, Chaoyang District. Moreover, this property was also bought by loan, and the bank that loaned it has never registered the mortgage of the property. The bank sued the court for the same reason, demanding the termination of the loan contract, and Zhang Lin repaid the loan of 6,543,800 yuan at one time. In the end, both banks won the case. The court held that the house involved could not be registered as a mortgage and the guarantee method could not be realized. The bank has the right to announce that the loan principal and interest are due in advance and terminate the contract. In the previous economic dispute case, Zhang Lin lost the case and had to compensate the other party for a large sum of money. At the same time, the two banks are forced to pay debts at the same time, which is tantamount to taking care of the situation. The sudden huge expenditure almost broke Zhang Lin's capital chain. To his dismay, after the bank applied for court property preservation, its futures account was also frozen, and now the futures account has been forcibly closed, resulting in huge losses. In order to repay the bank loan, Zhang Lin was forced to sell another three-bedroom apartment where his family lived at a low price. In order to continue his business, he had to borrow usury to keep the company running. Today, the economic dispute between Zhang Lin and a company has not been resolved. He said gloomily that he knew very well that no matter what the outcome of the economic case was, the embarrassment brought to him by the prosecution of the two banks could not be reversed. Buyer: It's no problem to pay me back on time. It's killing me to let me repay the principal and interest of the loan at one time! Bank: The mortgage registration has not been done yet. I can ask to cancel the loan contract at any time.