That year, he applied to other people's public money loans to buy a house. What is it now?

The Yangtze River Daily Da Wuhan Client July 7 News The interest rate of the provident fund loan is low. Can you buy a house in the name of others in order to save money? On July 7, the reporter learned from the Wuhan Economic Development Zone Court that after someone applied to the name of a friend's name for provident fund loans to buy a house, not only did the houses be sealed, but the house purchased and renovated funds were also drifted.

Zhang and Li are a good friend. They grew up together and have deep feelings. After the two came to the Han Dynasty, they continued. Zhang wanted to buy a house. Because his provident fund was paid too little, he could not enjoy the preferential policy of provident fund loans, and the interest rate of commercial loans was too high, and he was worried that he could not repay monthly. Li's company has a high proportion of provident fund, and he has not used it, so he took the initiative to ask Zhang to buy a house with his own provident fund.

In order to enjoy the low interest rate policy of the provident fund loan, Zhang and Li verbally approved the name of Li on the contract. The house was actually owned by Zhang, and the provident fund loan was repaid by Zhang. In March 2015, Zhang issued a down payment of 170,000 yuan. He bought a 90 -square -meter commercial house in the name of Li, and spent 200,000 yuan decoration and always lived.

Three years later, Li's defendant went to the court because he owed others to the court, and the court ruled that he fulfilled his repayment obligations. Li was unable to repay it. Because the owner registered in the real estate registration book of the house was Li, the court seized the house in accordance with the law.

Afterwards, Zhang Cai realized the seriousness of the matter. In 2019, he filed a complaint of objections to the Wuhan Economic Development Zone Court, demanding that the implementation of the house was required, and the house was required to confirm that the house was owned by it.

The Court of Wuhan Economic Development Zone held that the ownership of real estate should be registered. In this case, the disputed house is registered under Li's name, and the ownership is owned by the law according to law. As for Zhang provided by Zhang, it can only prove that Zhang has partial contributions, and it cannot prove that the two of them cannot be proved to the two of them. There is a relationship between "buying a house". Even if it is really "buying a house", it cannot fight real estate registration. After the first trial and second trial, the case rejected Zhang's claim.

【Judge's saying】

According to the judges of the Wuhan Economic Development Zone Court, due to the qualifications of house purchase and the restrictions of loans, the actual buyer entrusted the name buyer to implement the house purchase behavior, commonly known as "buying a house". The common risks of "buying a house" are: 1. In the case of the actual buyers who invested insufficient evidence and regrets the name buyers in name, it is difficult for the actual buyers to prove that there is a "borrowing house buying house" relationship between the two parties; 2. The nominal buyer exists When foreign debt, there is a risk of being executed by the house purchased by the name; 3. The name buyer or the actual buyer dies, and the relevant heirs will have unnecessary disputes due to the issue of the ownership of the house; 4. When the actual home loan is overdue, it will affect the nominal name Credit records of buyers and future loans. The legal risk of "buying a house" is extremely great. When buyers buying a house, they apply their own names to buy a house and loan.

【Link】

Article 208 of the "People's Republic of China" stipulates: "The establishment, change, transfer, and elimination of product rights shall be registered in accordance with the law. The establishment and transfer of the property rights shall be delivered in accordance with the law."

Article 209 of the "People's Republic of China" stipulates: "The establishment, change, transfer, and elimination of product rights, registered in accordance with the law, and effective; ","

Article 216 of the "People's Republic of China" stipulates: "Real estate registers are the basis for the ownership of property rights and content. Real estate registration book is managed by the registration agency."

(Changjiang Daily reporter Geng Shanshan correspondent Xiong Jing Huang Ben)

【Edit: Ding】

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