Study On The Validity Of Pre-purchase Commercial Housing Mortgage Notice Registration

The pre registration of prepaid commercial housing mortgage is not only to meet the needs of pre purchase of commercial housing,but also to control the risk of bank loans.In the case of the pre-sale of the commodity house,the pre purchaser should apply for the mortgage loan to the bank.Based on the consideration of controlling the credit risk,the bank often requires the pre purchaser to mortgage the commercial housing in advance,guarantee the performance of the housing mortgage loan,and also require the real estate developer to undertake the collateral liability guarantee for the loan.But because the pre purchase commodity house is still in construction,there is no property right certificate,so the registration of the mortgage is not allowed.At this time,the prepurchaser can only handle the notice registration.From then on,if the prepurchaser completed the whole stage of the mortgage registration procedure,if the prepurchaser defaults,the bank can give priority to the pre purchase commercial housing for the mortgage,due to the theoretical and practical circles to the pre purchase commercial housing.The recognition of the legal nature and the legal effect of the right notice registration is not uniform,which results in different judgments in different courts.This paper mainly deals with the pre purchase notice registration of the mortgage of commercial housing as the main research content,focuses on the related concepts and effectiveness,systematically expounds the exclusiveness and the nature of the mortgage,points out that it is a quasi real right,the author agrees on the theory of the validity of the quasi real right,and introduces the existing laws and regulations and existing disputes in the advance notice registration of the pre purchase commodity housing right,and expounds the mortgage of the pre purchase commercial housing.The validity of the notice registration is quite controversial.Can the bank have the priority of the price of the purchase price of the pre purchase commodity house,because the effect does not make the final legal effect a certain difference;it introduces the priority issue of the pre purchase commercial housing mortgage bank,and the existing affirmative or not says two theories analysis.The author thinks that the bank does not have the mortgage on the pre purchase commercial housing,but the bank is not entitled to the mortgage,but the bank When there is no fault,it has the right of priority to be paid.When it meets the conditions of the realization of the mortgage,it is necessary to admit that the bank enjoys the right of priority to guarantee the creditor's right,and introduces the protection of the creditor's right of the pre purchase notice registration right of the pre purchase commodity house,and it is urgent to guarantee the bank to carry on the mortgage from the legal level,and then,based on the view of the bank wind control,the bank needs to do a good mortgage on the pre purchase commercial housing.Recommendations for warning registration risk prevention.