Located in housing companies!The owner asked the bank to repay the mortgage, and the court's decision supported

A few days ago, the referee document network announced a judgment, involving disputes between a home buyer and a mortgage loan bank in Xuchang, Henan. After the developer breach of the contract, the owner of the home buyer asked the mortgage loan bank to eliminate the home purchase loan under his name and refund the principal and interest of the previously repaid housing loan.

Screenshot of the judgment

Developer's breach of contract

In March of this year, Cheng Mou brought the Agricultural Bank of China Xuchang Weidu Sub -branch (hereinafter referred to as the Agricultural Bank of China Wei Du Sub -branch) to court.

In January 2018, Cheng Mou and a real estate company named Xu Changjiahe Real Estate Co., Ltd. (hereinafter referred to as Jiahe Real Estate) signed a house purchase contract to buy a commercial house developed by the company in Xuchang.

The total price of this house is about 747,700 yuan, the down payment is 224,700 yuan, and the remaining 523,000 yuan will apply for a mortgage loan from the bank. On the 15th of the same month, Cheng Mou and the Wei Du Sub -branch of the Agricultural Bank of China signed a house purchase borrowing contract, agreed to borrow 523,000 yuan, with a period of 30 years and 5.98%of the implementation interest rate.

After the contract was signed, the Agricultural Bank of China Wei Du Sub -branch was successfully loanned on February 1, 2018. Since then, Cheng Mou returned the principal and interest of the bank to the bank as scheduled as scheduled. Originally, everything was normal. Until 2021, under the "thunder" of the entire real estate industry, the developer Jiahe and Real Estate of Cheng's house were not spared. .. .. .. .. ..

The owner has to repay the mortgage

Because the developer Jiahe Real Estate defaults first, Cheng Mou brought the real estate company and the Agricultural Bank of China Wei Du Sub -branch to court.

After trial, the court ordered the purchase contract between Cheng Mou and Jiahe Real Estate, and the purchase and borrowing contract between the Agricultural Bank of China Wei Du Sub -branch was also lifted.

At the same time, the court asked the developer to return to Cheng's 224,700 yuan home payment and interest, and 523,000 yuan of mortgage loans and interest were also borne by Jiahe Real Estate.

After the verdict was announced, Jiahe Real Estate was dissatisfied and appealed to the Xuchang Intermediate People's Court. However, after the second trial, the court ordered the case on November 8, 2021 to "reject the appeal and maintain the original judgment."

Prior to this, Cheng had accumulated a total of about 227,000 yuan in principal and interest on the repayment of mortgages to the Agricultural Bank of China.

After the above verdict, Cheng naturally did not continue to fulfill the repayment obligation of 523,000 yuan of mortgages. Therefore, Cheng Mou stopped repayment of mortgages on November 20, 2021.

Before stopping the loan, in order to be afraid of affecting personal credit, Cheng also went to the Agricultural Bank of China Wei Du Sub -branch to communicate, asking the bank to eliminate the loan and return the principal and interest of the paid home loan.

However, according to Cheng's complaint, under the repeatedly urged communication, the Agricultural Bank of China Wei Du Sub -branch has never fulfilled the elimination of loans and returned paid housing loans.

At the same time, Cheng Mou also overdue after the loan was suspended, and was sent by the bank to the credit "blacklist".

In order to protect his rights and interests, Cheng had to sue the Agricultural Bank of China Wei Du Sub -branch to court.

The court sentenced banks to return

Just a few days ago, the decision of the dispute between Cheng Mou and the Wei Du Sub -branch of the Agricultural Bank of China was announced.

Cheng asked the court to ask the Agricultural Bank of China Wei Du Sub -branch to return the principal and interest of the 227,000 yuan mortgage to the paid, and eliminate his own mortgage and bad credit reporting.

However, the Agricultural Bank of China Wei Du Sub -branch argued that it was not a qualified subject and believed that Cheng should claim rights to developers, and the credit reporting problem had been dealt with Cheng. The Agricultural Bank of China Weidu Sub -branch asked the court to reject Cheng's request.

After hearing, the court believed that the effective legal documents that had been effective have been ordered to order 523,000 yuan in housing loan principal and interest, which was borne by the developer Jiahe Real Estate.

At the same time, the Agricultural Bank of China Wei Du Sub -branch shall, in accordance with the content determined by the effective legal documents, will terminate the loan contract with Cheng, eliminate the loan status of the case, and eliminate the impact of credit reporting on Chengmou.

In the end, the court ruled that the Rural Bank Wei Du Sub -branch returned to Cheng to pay about 227,000 yuan in principal and interest paid by Cheng, and eliminated the state of housing loan and the impact of credit reporting.

However, after the first trial was announced, the Agricultural Bank of China Wei Du Sub -branch expressed dissatisfaction, so he appealed to the Xuchang Intermediate People's Court of Henan.

The court of the second instance was tried that the judgment of the first instance determined that the facts were clear and the applicable law was correct.

Source: Science and Technology Finance Online, WeChat public account "Judgment Document Network"

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