Research On Advance Purchase Registration System For Mortgage Of Pre-Purchased Commercial Houses

In recent years,China’s real estate market has been enthusiastically high,and the commercial housing credit business derived therefrom has also developed rapidly.Many consumers are unable to pay the full amount of the house due to funding issues,and pre-purchased commercial housing mortgage loans can solve this type of consumer problem well.The advance notice registration system for mortgages of pre-purchased commercial houses is developed around the three parties: developers,buyers,and banks.The specific method is that after the buyer pays the down payment,the buyer uses the purchased commercial house as collateral to loan to the bank.Advance.What is special is that the mortgage has not been completed and the conditions for formal mortgage registration have not been met.If the buyer defaults after the mortgage advance registration is registered,will the bank be able to enjoy the priority right of compensation according to the mortgaged house? There is still no uniform approach to this problem in practice.This article will take the issue of the effectiveness of the mortgage advance notice registration system,the conversion procedure of the mortgage advance notice registration system,and the priority right of compensation as the object.Based on the current status of the legislation and judicial practice of the mortgage advance notice registration system in China,this article will discuss the existing mortgage advance notice registration system.Shortcomings,and propose corresponding policies for this legal issue,with a view to protecting the interests of creditors,buyers and other parties.The first part of the article is a jurisprudential analysis of advance notice registration of pre-purchased commercial house mortgages.It mainly clarifies the concept and nature of advance notice registration of pre-purchased commercial house mortgages and analysis of the effectiveness of advance notice registration,and compares it with the traditional mortgage system.The second part of the article is based on the legislation and judicial status of the advance mortgage registration system for pre-purchased commercial housing.Clarify the problem of inadequate mortgage risk registration mechanism,and further analyze the above problems.The third part of the article draws on the relevant regulations of the overseas advance notice registration system,and draws inspiration from the advance notice registration system of China’s advance purchase of commercial housing.The fourth part of the article proposes corresponding countermeasures to the legal problems in the mortgage advance registration system analyzed in the second part of the article.It is proposed that the effectiveness of mortgage advance notice registration should be clarified,the mortgage advance notice registration conversion mortgage registration procedure should be standardized,the mortgage advance notice right holder’s priority right of compensation,and the risk prevention mechanism for advance purchase of commercial house mortgage advance notice registration should be improved.