Analysis On The Legal Effect Of Pre-registration Of Mortgage In Pre-sale Housing

Because of its advantages of greatly reducing the financial pressure of developers,pre-sale commercial housing has always occupied an important place in the development of real estate estate industry in our country,and the types and effects of the pre-registration of mortgage which emerged when buyers borrowed from banks have become the inevitable problems that both the pre-buyer and the bank and the developer have to face before the formal mortgage.Because the system of notice registration is the first explicit provision in the property law adopted in 2007,and in article 20 of the system,only the protection effect of rights in the legal effect of notice registration is specified.As a system drawn from abroad,the notice registration system does not explain whether the notice registration still has the legal effect of rank protection,bankruptcy protection and early warning,so in this paper,the pre-sale of commercial housing will be taken as the focus point to analyze the legal effect of notice registration.First of all,mortgage notice registration is a notice registration item.The next system,certainly has the legal effect based on the notice registration system,but because the purpose and legal relationship of our country to establish the notice registration system at the beginning are different from the ownership notice registration system,the mortgage notice registration does not necessarily have the same legal effect as the title notice registration.That is to say,the pre-buyer and the developer handle the ownership notice registration,is to prevent the developer "one house two sell" the practice infringes in the purchase process in the weak position of the buyer's interests,and the mortgage notice registration is set up to ensure thatthe buyer can pass through the bank before signing the formal mortgage.In order to maintain the financial order and stability of the real estate industry in our country,the legal relationship between the pre-buyer and the developer,and the legal relationship between the pre-buyer and the bank due to the signing of the mortgage contract are analyzed.In addition,as the front stage of formal mortgage,the registration system of mortgage advance notice must be inextricably linked with formal mortgage,but there must also be essential differences.As far as mortgage is concerned,the most effective protection of the effect is the priority right.It is necessary to explore whether the bank has the same priority right as the formal mortgage right before it is formally acquired.And whether the mortgage registration can have the priority right to receive compensation is also the most easily controversial effect of the system in judicial practice,even in the Supreme Court of the mortgage notice registration does not have the priority right to receive compensation interpretation.Therefore,this paper will also focus on the four main judgments in judicial decisions and the supporting theories behind them.Because of the legal principle of real right in our country,it is obvious that the registration of foreclosure notice can not be compared with the formal mortgage right before it is formally registered.