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(1) the plaintiff are banks. Since 1998, the hospital accepted in such cases, the plaintiff most of Hainan China Construction Bank branch housing urban construction, some of the provincial industrial and commercial banking department. Urban housing Hainan Branch of China Construction Bank CCB former Department of Hainan Province, converted from real estate credit, the original building line of the Department of Hainan Province, the first for the province's real estate loan mortgage loan business, because after the recourse mortgage lending,Beats By Dre Headphones, housing, Hainan, China Construction Bank Urban branch will be the defendant in the case of Haikou City, in addition to individual cases over the target amount of 300 million, it all sued Xinhua court, therefore, Haikou City, the vast majority of home mortgage loan contract dispute heard by the hospital. ?
2. Home mortgage loan contract disputes characteristics ?
(1) on the application of law: the end of 1993 to 1 January 1995 entered into mortgage loan contracts, the deal for our country, The Supreme Court promulgated in 1994 Law. January 1, 1995 until October 1, 1995 entered into before mortgage loan contract, the deal for China's October 1, 1995 after the housing mortgage loan contracts signed for crossed the 1 October 1999 may be applied to ?
The hospital since 1998 dispute received housing mortgage loans, when accepted 26 such cases, subject matter of litigation the minimum amount of 17 million, the largest of 74 million; accepting housing mortgages in 1999 v. 37 parts, subject matter of litigation the smallest amount of 3.6 million, most of the 801,700 yuan. Only the first half of 2000, housing mortgage loans received for the 117 disputes, litigation was the subject of the minimum number of 3 million yuan, the largest amount of subject matter of litigation 219 million. ?
(3) other reasons for changes in the real estate market, buyers do not want to repay the mortgage loan. Disputes due to the housing mortgage loan contract, signed in time to the end of 1993 to 1995, when the real estate climax still sweltering, prices at the time does not appear high, but compared with the past two years, housing prices are relatively high , and most of the mortgage term are five years or less, home buyers repay the loan by equal monthly large buyers that the heavier the burden, so that some home buyers turn to be the low price of its that the quality is better, cheaper housing prices fails to comply with the original mortgage contract. ?
(4) the specific circumstances of different cases involves the application of the law more. Although the admissibility of the hospital housing mortgage loans are recourse to dispute the case of outstanding principal and interest, but because the case involved the signing of the contract for mortgage loans at different times, with different maturities, the effect of the contractual relationship of security to ensure that their terms the applicable law were different, and the results are also different. ?
Mortgage loans for housing the analysis of disputes
1. Accepted the basic situation ?
(2) on the principles of ??????
3. Litigation arising mainly ?
(1) home buyers and real estate business due to disputes between residential mortgage loans caused by the incomplete performance of the contract. Banks and home buyers and real estate mortgage loan contracts signed, on the premise that buyers and real estate business has signed a contract for the sale, buyers to pay part of the purchase money mortgage loans provided by banks. For buyers, this is mainly related to the legal relationship between the two, one for home buyers and real estate sales contract between the housing and the other legal relationship with the bank for home buyers, real estate mortgage business relationship, the closely related to two contracts, but under different legal nature. The buyers of mortgage loans for the purpose is to fulfill the sale of housing, they are often more attention to the housing and real estate sales contract, once their time on housing delivery, quality and real estate disputes, home buyers to a breach of contract for the sale of real estate housing the grounds that non-performing mortgage obligations. ?
(2) the defendant has two, one defendant, individual buyers, this part of the defendant, the early performance of the contract can often monthly debt service, but then no longer pay the debt, not take the initiative and mortgage Bank of contact; another defendant, party houses, real estate developers, real estate developers as the guarantor was one of the plaintiff as a defendant. ?
1. Pay attention to distinguish mortgage loans legal relationship involved in disputes. ?
① contract disputes on housing mortgage loans and loans involving the purchase behavior, as long as it does not violate the prevailing laws and regulations, generally recognized as effective civil legal act. ?
(3) the defendant missing, more than those who do not respond. As a real estate developer defendants appear in court responding, but as individual buyers of the defendant,MBTシュ?ズ ??店, is mostly unknown. Such as the admissibility of such cases in 1999,herve leger skirts, the court responding to the buyers only 4 people, 2 people received court summons is not present at the proceedings, and the rest are missing. This part of the missing party, some still in Haikou City, the other part has to the field, but are not living in the reach of the purchase of indigenous housing, neither payment nor contact with the bank, the court find no significant, can not be directly served only in accordance with China's Are missing one of the parties about the admissibility of the case of housing mortgage loans 81% of cases,herve leger toronto, that is the case of default judgment about 81%. ?
From the theoretical analysis, mortgage loans are more involved in legal relations. A legal relationship between the first mortgage people (buyers) for the purchase of housing and real estate transactions occurred between the second legal relationship is a result of the mortgagor to pay a mortgage loan to the bank's lending relationship occurred, and the third legal relationship will purchase the mortgage as the monthly housing debt collateral security relationship occurred, and the fourth is a legal relationship to ensure the real estate mortgage loans were settled relationship with a bank guarantee, the fifth law relationship is specified by the bank mortgage people insurance to insurance companies for the purchase of insurance home insurance and relations between the sixth law is not required the mortgagor to repay the principal and interest, by the real estate business relationship between the housing buy-back. 〖ZW (〗 see Figure Lee: Correctly define the legal relationship created by the mortgage, is the prerequisite for correct handling of such cases. ?
Order to meet the establishment and development of the socialist market economy, China's laws are constantly revising and improving in recent years issued many new laws. As the housing mortgage loan contract time, the time limit is different when dealing with the law applicable to such disputes may be different, thus affecting the liability of the parties disputes the commitment problem. Accepted in the case of such disputes, mortgage loan contract signed in late 1993 to the time span from the end of 1995, the same content of the contract, the same subject of prosecution, the application of its laws and principles may be completely different. ?
A housing mortgage loan disputes the basic situation of this paper from China Union WWW.LWLM.COM collected.
Since 1998, the hospital which accepted the case of mortgage loans, residential mortgage loans covered by the contract are provided by the banks form contract, consistent with the terms of the contract, signed the contract time for the end of the end of 1993 to 1995 this time. The plaintiff's claim are for the lifting of the mortgage loan contract, confirmed the establishment of security relations, decree buyers repayment of the outstanding loan principal and interest, penalty, decree the real estate to assume joint guarantee responsibilities. Grounds to prosecute all buyers and real estate default of repayment of the mortgage loans and commitments to ensure that responsibility is generally recognized verdict buyers and real estate business fails to repay the loan, bear liability for breach, home buyers should repayment of the outstanding principal and interest. However, the real estate business should bear the responsibility and guarantee the purchase of home buyers to mortgage the mortgage to the bank the validity of the contract, there are different perceptions and judgments. ?
(2) the reason for buyers not to fulfill their mortgage loan contract. Because some buyers are not satisfied with the economic environment of Hainan,herve leger sale, Hainan elsewhere and leave the development of housing on the original purchase is no longer repayment not live; some buyers due to job changes, layoffs, the monthly mortgage higher repayments and other reasons, unable to repay the mortgage loan. ?
Second, housing mortgage loans pending dispute should be noted that several issues ?
Since 1998, the hospital accepted disputes involving the number of mortgage loans increased rapidly, after a preliminary analysis of the causes of litigation dispute are the following aspects: ?
Reference of the mortgage business practice in Hong Kong, the mortgage is actually to help real estate developers and home buyers to complete property transactions and mortgage lending by the banks to provide financing business activities. Such loans provided by banks as mortgage loans. Housing mortgage loans disputes, Haikou City, the Xinhua District Court accepted since 1998, after increasing year by year trend. ?
2. Note that under the home mortgage loan contract performance time, determine the applicable law and principles. ?More articles related to topics：