The Pre-sale Of The Sale Of The Commodity House And The Registration Of The Mortgage Is A Priority

Accompanied by the real estate market,and to choose the number of mortgage loans and money for mortgage loan scale are increasing,and the pre commodity house mortgage advance notice registration is the most important means to protect the rights of bank in mortgage loans.However,as the size of the mortgage loan expanded,the number of related litigation disputes also increased.But due to lack of unified standard by the referee in the judicial practice for the mortgage holder of the advance notice registration whether enjoy the priority of compensation with larger controversy,part of the holder of the court approval directly enjoy the priority of compensation,part of the court ruled that the right holder is not the priority of compensation,part of the court ruled that the right holder may seek preferred payments in the absence of fault,part of the court is obligatory to fulfill its obligations after the formal mortgage is established officially registered mortgage right holder may seek preferred payments,the phenomenon of "different connection with the sentence" is not conducive to the interests of the mortgage holder of the advance notice registration protection.There is no definite conclusion about the rights set up after the registration of the notice,but the general agreement is that the registration is a kind of right of claim,that is,the right to claim the right of claim is guaranteed by the registration of the right of claim.However,the notice registration does not make this right absolute and dominant,so it should not be regarded as property right.The fundamental difference between the mortgage notice registration and this registration is that the notice registration does not formally establish the mortgage,so the right holder is not entitled to the right of priority.However,although there are many similarities between the mortgage of the building and the pre-sale of commercial mortgage,there is a fundamental difference,and it should not be applied to the construction of mortgage of buildings under construction.Although the holder should not be unconditionally enjoy the priority of compensation,but for these reasons: to stabilize the financial system and encourage the healthy development of the real estate market needs,the current system to protect the interests of the obligee's loss,developers guarantee not reduce the risk of advance notice registration obligee claims by phases,makes the holder of the conditional admitted that the priority of compensation has certain necessity.Therefore,it should be considered that if the developer fails to register for the first time in time,and the notice registration obligor is not engaged in the registration of the two cases,the attached condition acknowledges the right of priority of the obligee.