Research On The Registration Of Pre-order Commercial Housing Mortgage

Real estate market developers in the initial stage of the development of real estate,if they encounter funding constraints,the development of commercial housing will be put into the pre-sale.The housing buyer will make pre-orders for the commercial housing under construction because of the need to purchase a house.When pre-purchasers are unable to pay the full amount when purchasing commercial housing,the pre-purchased commercial housing will be mortgaged to the bank.The remaining home purchase money is paid out with the loan obtained from the mortgaged house.Pre-purchased commercial housing mortgages have many differences from ordinary mortgage-backed loans.Because the pre-purchased commercial housing is still in the construction of the real estate developer,when mortgages are made,it is not possible to apply for mortgage registration and can only register mortgage advance notice.Only after the purchaser has acquired the home ownership after the completion of the housing construction,the purchaser will convert the mortgage advance registration into a mortgage registration,and the bank can enjoy the mortgage right.The special nature of pre-purchased commercial housing mortgages leads to risks in the establishment of mortgage rights and credit guarantees.For houses that have only registered for pre-purchased house mortgage advance mortgage registration,if the borrower defaults or otherwise causes the borrower to fail to repay the loan,can the bank obtain the priority of receiving the mortgaged property on the basis of the advance mortgage registration.Local courts have different accreditations and referees.A total of three cases were selected in this paper.In the three cases,the courts determined the nature and effectiveness of the pre-purchased commercial housing.The reasons for determining whether a bank can obtain the priority of mortgage payment by registration of advance mortgage registration vary.This article will provide an in-depth analysis of whether local courts rely on the registration of mortgage advance notice to support the bank's priority compensation and the application of the law.This article through the pre-acquisition of commodity houses can be used as the object of mortgage advance registration;differences between building mortgages and pre-purchased housing mortgages;and the pre-purchased commodity housing mortgage advance registration registration and the building mortgage registration of the difference in several aspects,the pre-purchased commodity housing mortgage The conditions for the establishment of the registration were analyzed,and then the pre-acquisition of advance mortgage registration of commercial housing and the establishment of mortgage rights were considered.The registration of mortgage advance notice and the establishment of mortgage rights in the judgments of local courts;the comparison and analysis of the registration of mortgage advance notice and the reasons for the realization of mortgage rights.It is believed that the registration of mortgage advance notice alone cannot produce the effect of the creation of a mortgage,and the bank cannot claim that the mortgaged property must be paid in priority.Finally,it proposes a solution to the damages to bank's rights,with a view to providing some help in identifying and resolving such issues in similar cases in the future.