The developer mortgaged the house under construction to the bank and sold it to the people at the same time, but the developer had no money to cancel the mortgage from the bank, so the house could not handle the property right. Solution: collect evidence, if negotiation fails, bring a lawsuit to the court and ask the developer to bear the liability for breach of contract.
Rights protection refers to the following laws: Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts is under any of the following circumstances. If the purpose of the commercial housing sales contract cannot be achieved and the buyer cannot obtain the house, the buyer may request to terminate the contract, refund the paid house purchase price and interest, compensate for the losses, and may require the seller to bear the compensation liability not exceeding twice the paid house purchase price.
Mortgage means that the mortgagor and the creditor agree in writing not to transfer the possession of the mortgaged property and take the property as the guarantee of the creditor's rights. If 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. Its main types include real estate mortgage, chattel mortgage, right mortgage, consortium mortgage, joint mortgage and maximum mortgage.
Ways to avoid the risk of buying mortgage house
1. In order to reduce house purchase disputes and safeguard their legitimate rights and interests, it is necessary to put forward requirements in the supplementary agreement when signing the house purchase contract. In addition to not being mortgaged, it is also necessary to make some requirements for compensation measures, especially to apply for fund supervision to prevent buyers from paying down payment and finding that their property is mortgaged and facing two property losses.
2. To apply for a mortgage loan for a project under construction, you must go to the real estate management department for mortgage registration. You can log on to the website of the real estate management department or the website of the real estate management department to obtain information through multiple channels. If there is a mortgaged house, developers can be asked to cancel the mortgage of the house they want to buy. Otherwise, when you buy a house and go to the housing management department to apply for the real estate license, the housing management department finds that the house has been mortgaged and cannot apply for the real estate license.
3. Sign the contract online as soon as possible after buying a house. If it is found that the house is mortgaged, it can be solved as soon as possible so as not to cause greater losses. After buying a house, don't delay dealing with related matters. Things should be done sooner rather than later.