There is a tide of disconnection from the rotten tail, and the owner accuses the bank's funds inadequate
Author:Hu Huacheng Channel Time:2022.07.12
Recently, the news of the bad tail building has gradually increased, and it also made people realize that there were really many people who bought the bad tail building, and many people still helplessly lived in the rotten tail building!
On June 18, some media reported the owners who lived in the bad tail building for 23 years. They bought a house in the Australian Villa in Guangzhou in 1997, and the date of delivery stipulated in the contract was 1998. Unexpectedly, the developer's capital chain was broken, and the house was rotten. After the bad tail, some houses have basically been completed, and some owners have reluctantly lived in. It has been 23 years later, and most of the people who buy a house have retired.
On July 9, Phoenix.com was paying attention to the eight years of rotten Xi'an Yifang Community. Some people bought a house in 2011, and some were bought in 2013. As a result, it was officially suspended in 2015. There is no sign of resumption of work until now.
Yihefang's house is worse than the Australian villa, because there are no hydropower and elevators here. There is a house that the owner bought when the child did not go to elementary school. Now the child is higher than himself, and the child has not been able to live in a new house.
Just today, Sohu's focus reports that all owners of Wuhan Greenland Guanggu Xinghe paintings (referred to as Xinghe paintings) jointly issued the "Tort Loan Notice" to the bank on July 10.
It is understood that the Star River painting opened in December 2020. It opened nine times in half a year. Each time it was successful, the pre -sale payment reached 4.8 billion yuan, and at least sold at least 2428 houses. The average price of each house is about 2 million.
The date of delivery of the contract was before December 31, 2022, but the current project has been completed in less than 35%. More importantly, the real estate has been suspended from August last year and has been suspended for about 11 months. The real estate must not be delivered before the contract date, and the possibility of a developer's breach of contract is 100%.
Seeing that the house he had worked hard was bad, the owners also had nearly 10 talks with the developers, the Municipal Housing Management Bureau and other units two months ago, and there were still 725 million yuan of key supervision funds.
Relevant banks also have violations of loans. When the real estate has not been capped, the four banks have leaned privately, and the bank has the problem of regulatory loss of this.
In view of the above situation, all owners have decided to stop housing repayment from January 2023 until the house acceptance is passed.
Although we are not the owners of Xinghe painting, we have learned from the "Trumped Loan Notice" of the owners of Xinghe painting. Only to buy a house, but it was suddenly bad. How could those who had hollowed out the savings to buy a house had to live?
In fact, Xinghe painting is just a representative of collective loans. According to incomplete statistics in the financial community, at least 14 rotten tail buildings in the country have a collective suspension of loan. Among them, Zhengzhou, Wuhan, Shangqiu, Jingdezhen and other cities.
According to the "Tort Loan Notice" issued by the 14 real estate, a total of 46,000 households were affected. The total price of the project was 34.7 billion, and the fund gap was as high as 6.1 billion yuan.
According to the statistics of Leju New Media, some well -known real estate companies have been involved in these real estate suspension, including Evergrande, World Trade, and famous doors.
Theoretically, the owner's unauthorized suspension of loan is a very dangerous and even illegal behavior, but the owners are evident. According to the documents issued by the central bank in 2003, commercial houses must be capped after the main structure is capped.
After the bank's funds are transferred to the developer, the dedicated strategy of special funds is implemented, and banks have the responsibility of supervision. In fact, banks have not fulfilled their own responsibilities, which is the root cause of the rotten tail building. Therefore, the bank itself has huge responsibilities, and the bank also needs to pay for their irresponsible attitude, so that the owner cannot bear the loss.
Theory is theory, reality is reality. According to industry lawyers, similar penalties similar to bad tail buildings are to judge banks to win the lawsuit. Because the court believes that the owner has a purchase contract relationship with the developer, and the house is rotten, the owner can hold the developer's responsibility. However, the owner signed a loan contract with the bank. In other words, no matter whether the house is rotten, you owe me so much money, and you still have to pay it back.
Of course, don't be overly pessimistic, because there are still some owners who wins the lawsuit, and in the end, there is no need to pay back the remaining loans.
How to increase the probability of winning? We can terminate the sales contract with the developer first. The previous down payment was drifting, and we thought it was unlucky. After lift the sale contract, this means that the purpose of the purchase is not realized. We stop the repayment with the bank with a lawsuit, and the court is generally supported.
The lawyer pointed out that the "Tort Loan Notice" collectively issued by the owners has no legal effect, so if you want to stop the loan, you still have to solve it through formal judicial channels.
In general, the owner's collective suspension of loan will definitely put a certain pressure on the bank, which will also make them stricter in future fund supervision, otherwise it will easily cause the situation of double losses.
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