The project stopping work and the life of the house is not life.
Author:Daily Economic News Time:2022.07.11
What should I do if the real estate bought for 6 wallets was stopped? The solution given by the owner of the new city project in Wuhan Times is: forced loan!
The recently circulated "Notification of All Owners of the New City in Wuhan Times" (hereinafter referred to as the notice) shows that "Wuhan Hannan Times New City Project is overdue for several months, and the owner has repeatedly made no substantial progress on the spot. Thousands of households (the houses have been sold and have not settled the loan) decided that if the project has not fully resumed the work within the limited time (August 1, 2022), the owner will be forced to stop the bank's monthly supply. "
On the afternoon of July 10, the reporter of "Daily Economic News" contacted Mr. Li, the owner representative of the Times New Town via WeChat. He said, "The owners do have this plan. At present , Will contact the owner to sign in the near future, and send the notice to the relevant governments, enterprises, and banks. "
In response, Wang Yuli, director of the Beijing Gold Prosecutor's Firm Wang Yuli, told the Daily Economic News reporter on the afternoon of July 10, "If you have not suspended loans by the court or did not reach a loan agreement, the buyers who rashly suspend loan often become often become a house. After the breach party, the credit report will be affected, and it may be sued in the court, and may even be forced to execute by the court. "
Source of the Wuhan Times New City Project Source: Interviewee provided
The real estate bought by the whole family was suspended
In October 2020, after nearly two months of inspection and comparison, Ms. Zhang and her husband finally bought her first house in Wuhan in the new city of Hannan. Work is the seventh year.
"Because the work has always been unstable and the rental house is unstable, her daughter has been staying in her hometown. But as her daughter grows up day by day, she wants to stabilize the house in Wuhan and take her daughter to the idea. Especially after 2020, 2020 has experienced 2020 The worst months of the Wuhan epidemic at the beginning of the year made us feel the importance of life even more, so we decided to buy a house after the epidemic. "
On the afternoon of July 10, Ms. Zhang told the "Daily Economic News" reporter through WeChat that because the husband and wife were working in private companies and did not buy social security. Due to the influence of the Wuhan purchase restriction policy at that time, the two could only buy a house in the suburbs of Wuhan.
In the end, the two bought a new house of 98 square meters in the Times New City for a total price of 750,000 yuan, a down payment of 300,000 yuan, and a monthly supply of more than 4,000 yuan. Choosing to buy the new city in the era of purchase mainly depends on the brand influence of the project developer. "The down payment not only spent all the savings of the two of us and the in -laws, but also borrowed some from relatives to make up." Ms. Zhang still remembered the joy of the couple's family of three in the new house on the day of the contract.
Screenshot of the owner of Wuhan Times New City Owner forced Loan Reference Source: Interviewee provided
However, the good times are not long.
In July 2021, due to the "thunder" of the developer, it caused the suspension of projects in many places across the country, and the new city was no exception. "I was stunned at the time when I heard the news. I don't know what to do. I did n’t know how to see the scene at the construction site, and the one we bought to the 10th floor. Dare to tell the in -laws of the real situation, because those money has been fully saved for more than ten years. "
However, it was not alone. At the end of last year, Ms. Zhang's father -in -law found liver cancer. "This makes us dare not tell him, for fear that his spirit will collapse." Ms. Zhang told reporters, "After knowing that the father -in -law got the illness, my mother -in -law also asked the father -in -law to take out his private house money to treat the disease, but the father -in -law was clear It means that the money is used for decoration for his son's house, no one is allowed to move. "Whenever we hear these we have mixed hearts, but the house is now in this situation, I don't know if the elderly can wait until the house is delivered."
Ms. Zhang is just one of thousands of owners.
Public information shows that the Wuhan Times New City project covers an area of 210838.9 square meters, with 36 houses with a total number of households, with a total number of 5032 households, including 3,500 households in the first phase. On September 15, 2019, the project opened for the first time, and 3,264 units were completed in one year, and with this one fell swoop, it won the sales area of Wuhan in the first half of 2020 and the sales units.
However, the first phase of the new city that should be delivered on March 30 this year is not yet regular. According to the information provided by the owner, Mr. Li, on June 28 this year, a delayed delivery letter issued by the developer Wuhan Chushui Yunshan Agricultural Development Co., Ltd. showed that "affected by the epidemic in early 2020, the project stagnates for 99 days" "Company "The impact of liquidity" "had to delay the delivery of the building." As for the specific delivery time, the developer said, "It will notify the owner in advance after having the conditions of delivery."
The owner put forward the "suspended mortgage" demand
"We have communicated with relevant government departments and corporate communication many times, but there have been no specific progress. Although the project has always expressed the resumption of work, according to our observation, the number of resumptions is not in line with the actual situation of the project." Mr. Li Mr. Li Tell the reporter of "Daily Economic News" that due to the overall economic environment, some owners have to choose "lying down" to stop loan repayment.
"Some time ago, we saw the project developed by the same developer in Jingdezhen on the Internet. The owner chose to stop loan. On the one hand, we also hope to get attention from all walks of life in this way, and on the other hand Stress and life pressure are really great. "Mr. Li said," If the project has not fully resumed the work within a limited time (August 1, 2022), we will force the stop of the bank to pay for it. The book is also in the stage of perfection, and then it will be sent to the relevant government departments and banks after the signing of all the owners. "For the project resumption of the project reflected by the owner, on the afternoon of July 10, the reporter of" Daily Economic News "contacted the telephone contact on the phone on the phone. Gong Jie, the person in charge of the Times New City Project, said, "The current project is currently in a normal resumption of work. The first phase of the project is expected to be delivered in December this year."
When the reporter continued to ask the subsequent schedule, the other party bluntly said, "If it is not the owner, I don't need to explain so much, and the company also has special personnel responsible for explaining with the owner."
Source of the Wuhan Times New City Project Source: Interviewee provided
In addition, according to the owners, including developers, government departments, project builders, and representatives of the owner representatives, the recording of the communication meeting meeting held on June 30 showed that the batches of the delivery on March 30 this year are expected to be in November Completed before the 30th, the house was delivered before December 31, and other batches need to be entered after new investors, and refer to the extension of the house.
As for the source of re -work funds, the above -mentioned records show that the representatives of the developer and the relevant person in charge of the Housing and Urban -Rural Development Bureau of Hannan District said that the clean assets of a third -party disposal company have been found to obtain 300 million yuan of funds. The 300 million yuan funds can ensure the construction of the project until the end of October.
At this communication meeting, the owner's representative also proposed that the government needs to coordinate the loan bank to suspend the mortgage repayment, and then continue to repay the mortgage. The letter of repayment of mortgages, but it has not yet received a reply to a suspension of housing repayment. "The bank is independent of the local government, and the local government can only coordinate."
Lawyer: The owner "forced loan" or involves a contract
"The phenomenon of misappropriation of pre -sale funds in real estate development projects has corresponding processing regulations and responsible persons. The stoppage of real estate projects is usually not the condition for terminating the mortgage contract, because the delivery of the house to the owner on time is the obligation of the developer, and Not banks (obligations). "
Yuan Chengcheng Yuan Chengjian, the general manager of Jiancheng Shengye today (July 11), told the "Daily Economic News" reporter through WeChat that the "mandatory loan" behavior of the owners of the new city in Wuhan Times can understand Protect. The mortgage is a borrowing relationship between the owner's personal and the bank. It is also a civil relationship. The developer is the guarantor. The mortgage asset is a house purchased by buyers. Although the development project may be suspended for various reasons, the borrowing between the owner and the bank may The relationship still exists. The owner's unauthorized stop repaction of mortgages without negotiating with the bank is likely to be included in the credit reporting system by banks, affecting personal credit, and affording late funds.
至于业主告知书中所提到的“银行违规将监管资金划走并在主体工程未封顶时发放按揭贷款的行为”,苑承建表示,这个要看合同中规定的开发商账户,按揭贷款通常是After the developer meets the sales standards and the contract can be filed, it is issued to the designated account. "However, the illegal use of pre -sale funds will also bear the corresponding responsibilities by the developer or pre -sale fund supervision bank, and it is not a condition for the termination of the mortgage contract."
From the perspective of Yuanjian, the current stage of real estate projects due to the lack of funds after the development of the parent company of the developer's parent company and the supervision of pre -sale funds, the project stopping work was caused by insufficient funds. As an owner, it is best to cooperate to actively communicate with the government authorities and establish a special project solution mechanism. On the one hand, we will keep the remaining pre -sale funds. On the other hand, the government actively coordinated the misappropriation of pre -sale funds. Or it is taken over by other development companies, and individual projects have spontaneously raised subsequent development funds through the owner to complete and delivered some buildings.
"From a sense of perspective, the project is delayed to pay the house, and it may even end up. The buyer has lost a lot, and the purpose of mortgage loans is to buy a house." Wang Yuli told reporters, "But if the court's decision is suspended or the loan has not been reached, loan is not reached loan, Agreement, the suspension of the buyer of the loan often becomes a breach of contract, the credit reporting will be affected, and it may be sued in the court, and may even be forced to execute by the court. "
Wang Yuchen suggested that if the industry mainly realizes the purpose of suspension of loan, according to the experience of similar cases in the past, there are generally two types of legal means: the first category is civil lawsuits, if it meets certain conditions, you can go directly to the court to prosecute; It is a variety of legal means such as information disclosure, investigation and punishment of illegal investigation, negotiations, and even administrative lawsuits according to the situation.
In fact, "keeping re -construction" and "guaranteeing transportation" has become an important task for real estate companies since this year. At the press conference of the National New Office after the Spring Festival this year, Wang Menghui, then Minister of Housing and Urban -Rural Development, stated that he resolutely and effectively dealt with the risk of overdue delivery of individual real estate enterprise projects.
Take Evergrande as an example. On May 5th, the monthly work meeting held by Evergrande held a monthly work meeting that 562 insurance -friendly buildings had been realized in normal construction and 179 insurance -friendly property projects were re -production and re -production.At the end of June, Evergrande Executive Director Sean said in an interview with the media that the re -work rate for the project of the insurance delivery project reached 96%and the project progress reached nearly 60%.In addition, the official relationship between the year of the pattern shows that the 34 projects that should be resumed in the country in the first half of the year have resumed 30 projects, and the remaining projects are actively formulating a resumption plan.More than 3,000 projects were delivered.
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