Many disposal parties of uncompleted residential flats, whether owners or local governments, always think that the problem will be solved as long as the house purchase money removed by developers is recovered through public security inspection law and other organs.
I have handled so many properties all over the country, and so far I have not encountered a case of stolen money being recovered.
I'm not a criminal lawyer, but I really haven't encountered such a good thing as "returning stolen goods", returning stolen goods to build a house.
At the same time, many owners will report crimes in order to "recover", which leads to the second point.
2, the criminal and civilian cross.
The owners of uncompleted residential flats believe that if the stolen property can be returned, the real estate problem will be solved. At the same time, some owners believe that if the developer boss can be "brought in", the boss will spit out money to build a house if he is afraid of going to jail. Objectively, this matter can not only be done, but also has an impact on the following procedures.
Generally speaking, when we represent customers, the conventional means we take are nothing more than civil, administrative, criminal, enforcement, bankruptcy and filing, because the court has only a few courts, which can be said to be all the means of the owners, red, orange, yellow, green, blue and purple.
However, civil, execution, bankruptcy and criminal conflict with each other, that is, the principle of overlapping punishment and people before punishment stipulated by law.
Five or six years ago, when we were building an unfinished building in Dalian, we first encountered this problem. The owner reported the case before entrusting a lawyer. As a result, when the lawyer represented us, he found that we had no right to appeal. The reason why the court refused to file a case was because the owner had already reported the case, so we had to punish the person first, and then file a case for the car owner after the police closed the case.
3. Self-financing
I would rather go home to sleep with a contract than spend money directly to build a house. It's not that small business owners don't pay a dollar. Whether you can save this money depends mainly on who you gave it to before going to court.
If the money is handed over to the court, the court will use the money to resume work, which is in line with the law. However, if you give the money to the builder or through the government, the house that has been built continuously will remain the property of the developer before it is completed. It belongs to "building a big house" for developers with their own money.
You should know that the unfinished building is unfinished because the developer has no money, so once you help the developer increase assets, other creditors can seal up the house through the court before you move in.
Usually, in China society, people tend to look up to the government and despise the courts. They always think that the court is a unit under the government, but in the unfinished building, the government is not trustworthy, and the court's decision counts. Even if the court decision is made by government leaders nodding, it is still a judicial decision, and even if the provincial party secretary approves the note, it still has no legal effect.
On the practical level, a developer's victim owners are often in the local area, including special classes responsible for project continuation, and are generally the leaders of the district government and district housing management construction. However, creditors are not necessarily local. Developers have various financing channels, and creditors are all over the country. For our 15 project in Sanya, the Henan court gave the creditor13 of the land.
At this time, not to mention the leaders of the towns in the district, even the instructions of the governor of Hainan are beyond the control of a grassroots court in Henan.
So no matter how much you don't trust the court, but the unfinished building, the court just works. Only after going through the procedure can we say that we can raise money to build a house without going through the procedure. Even if money falls from the sky, there is no guarantee that it will not be the "second uncompleted residential flats", and the money will hit Shui Piao.