Construction In The Mortgage And Other Related Priority Conflict Studies

Construction in progress is a mortgage real estate developer to obtain construction funds, the project settings have not yet been completed mortgage application to the bank as collateral for loans. Construction in the mortgage in the "Urban Real Estate Mortgage Management Measures" and "Property Law" there are provisions that are also prevalent in real life, in the construction mortgage financing system is beneficial to developers, promoting China's real estate industry. However, projects under construction around there are other different kinds of rights, how to resolve the conflict if, in theory, there are different world views, in practice often face difficulties.This article will focus on construction-mortgage-depth analysis of the rights associated with the land use rights, construction project a priority claim and the notice shall registration system, through its content and nature of analysis, to identify the causes of conflict and make the conflict preventive measures. Construction in progress at the same time with the mortgage attached to the land use rights, because our implementation is the state-owned system of land ownership, when the land use right expires, users also have not applied for extension, the state can free access to the land by-laws fixtures, such a conflict between the two is inevitable. Developers in order to set the mortgage after the construction in progress, if you can not discharge the contractor's project maturity models.Construction contractor can exercise the right of first refusal shall apply to the court to conduct the auction of the works, with its price priority for payment Moreover, developers continue to build the funds to achieve, through the sale of "Forward House" advance access to development funds. The purchase to protect their human rights, in the housing management department of the notice of registration. Then the construction mortgaged mortgagee, the project contractor, commercial housing developments are what is the relationship between buyers, when a conflict how to solve, how to balance the interests of all parties, this is a major theoretical issue, but is a major practical problem.