Developers how to prevent the “mortgage” risk

Li Jun Lawyer: male, Shandong University law undergraduate degree.
Business specialties: civil and commercial legal affairs and litigation agency; real estate legal affairs; company legal affairs.
Company legal services: for the standardization and governance of the management body of the company, the protection of shareholders' rights and interests, the company's capital operation, to provide legal advice, to help investors plan and design the basic framework for the establishment of the company, drafting and revising the articles of association, etc.; for the company, such as the design and drafting of the labor and personnel management system for the employer, improve the contract management system, to reduce or eliminate the risk of litigation of labor disputes and economic contract disputes.
Real Estate Legal Services: Participate in the pre-demolition and relocation work of real estate development projects, and follow the whole process of services to prevent and resolve legal risks. Risk prediction and review of cooperation contracts for cooperative real estate development projects.
Contract disputes: With the practical experience of supply and marketing work in state-owned enterprises in the past, we have successfully utilized negotiation, arbitration, litigation and other methods to effectively recover non-performing claims deposited for many years for restructured enterprises.
Purchasers through the “mortgage” loan, to the developer to pay for the purchase of commercial real estate, has become a common way of buying and selling commercial real estate. The mode of “mortgage” loan solves the contradiction that home buyers cannot buy expensive commercial properties because of insufficient funds for home purchase, which greatly promotes people's enthusiasm for purchasing commercial properties. Banks are also happy to be a good man, stable and steady to earn long-term profits. Commercial real estate development enterprises are benefited from the “mortgage” loan, the smooth sale of commercial real estate and realize the rolling financial resources. However, the benefits and risks are present. Banks and commercial real estate sales contract between the two sides had no relationship, since the two sides of the transaction need to bank first out of real money to facilitate, the bank naturally in the “mortgage” loan activities to take the initiative. He wants to buy the buyer to buy the commodity house as collateral for its claims, but also let the buyer to pay for the commodity house to buy insurance, the insurance company to pull in to assume the natural risk. In the commercial property title registration and mortgage registration before the seller of the contract for the sale of commercial property by the developer of the buyer's loan repayment joint and several guarantee repayment responsibility.
The biggest headache for the developer is this joint and several guarantee liability for the buyer before the mortgage registration. The buyer does not return the loan for a variety of reasons, at this stage of delayed repayment, the bank will not choose to laborious and laborious with the buyer to cancel the loan contract, but according to the guarantee agreement signed with the developer, the developer's account to deduct funds for the buyer to repay the loan with peace of mind. If it happens that the buyer has an accident, or to give you a “evaporation” so that you can not be contacted. The developer only first for the buyer silent repayment, but also not good to exercise the right of recovery. Because, both sides of the contract for the sale of commercial properties have been performed, the buyer is not in breach of contract, the buyer is in violation of the loan contract with the bank, the bank does not exercise the right to terminate the developer has no basis to deal with the commercial properties used to repay the loan.
How to prevent this risk or reduce the risk of occurrence? Negotiate with the bank does not assume responsibility for the stage guarantee? For the bank, there is no better than the developer to share the buyer “mortgage” loan risk of the main body, so basically is not feasible. Then only from the side of the buyer to think of ways.
First, the key is as soon as possible to handle the property rights and mortgage registration of commercial housing
In the two sides of the contract for the sale of commercial real estate or buyers to pay the down payment, the maintenance of commercial housing funds and deed tax and license fees and related licensing information required to collect all the buyers for the property rights certificates on behalf of the buyers, both reflecting the development of enterprises for the owners of the enthusiasm for the service, but also for the property rights of commercial real estate and mortgage registration control in their own hands. Do not forget to carry out this operation, in the “contract for the sale of commercial real estate” agreed to a reasonable period of time and the buyer does not cooperate with the property rights and mortgages registered to assume the responsibility of breach of contract. Let the buyer know for commercial property rights registration is the obligation of both buyers and sellers, delay in fulfillment is to pay liquidated damages.
Second, in the two sides of the “contract for the sale of commercial real estate” agreed to terminate the contract provisions
In order to solve the problem of the purchaser does not repay the loan and lead to the developer to assume joint and several liability for the guarantee, the purchaser to claim the rights of the difficult problem. The developer should agree in the contract of sale and purchase of commodity housing with the buyer that “during the period when the developer assumes the stage guarantee responsibility for the buyer, the buyer does not return the bank loan within the agreed period in violation of the loan contract, the developer has the right to terminate the contract of sale and purchase of commodity housing with the buyer, and the buyer should bear all the losses caused to the developer as a result of such a violation. The treaty also plays a role in urging the buyer to fulfill the contract with the bank loan according to the effectiveness of the contract.
Third, let the buyer to provide counter-guarantee
If you think that the basic credit of the purchaser is not good, or the purchaser's intention to speculate is obvious, the risk of assuming a stage guarantee is too high, you can let the purchaser provide a counter-guarantee.