Break off the tail building in many places!The CBRC responds to the "suspension of loan" incident

Recently, the incidents of "suspending loans" and "disconnecting the tide" have attracted attention. The person in charge of the relevant departments of the CBRC responded to this that it would guide the market -oriented risk disposal of financial institutions. At present, many banks such as Construction Bank, Agricultural Bank, and Industrial Bank have responded to disclose relevant risks.

Picture source: CCTV Finance

The CBRC: The key lies in the "guarantee of the property"

According to CCTV Finance and Economics, on July 14, the person in charge of the relevant departments of the China Banking Regulatory Commission stated that recently paying attention to the extension of the delay in the real estate of individual housing enterprises. The key to this incident lies in the "insured property", which attaches great importance to the CBRC.

In the next step, the China Banking Regulatory Commission will continue to implement the decision -making and deployment of the Party Central Committee and the State Council, adhere to the positioning of "the house is used for living, not used for frying", adheres to stable price, stable house prices, stable expectations, maintain real estate financial policy policy Continuousness and stability, maintain the stable and orderly real estate financing, support the commercial housing market to better meet the reasonable housing needs of buyers, guide financial institutions to participate in risk disposal, strengthen work with the housing and construction departments and the People's Bank of China, and support local governments Actively promote the work of "keeping diplomatic relations, protecting people's livelihood, and stable stability", and do a good job of relevant financial services in accordance with laws and regulations to promote the virtuous circulation and healthy development of the real estate industry.

Bank response: Check the real estate investigation

On July 14-15, a number of banks issued an announcement saying that the real estate involved in the recent "suspension of loan" incidents in the recent online transmission. Business composition has a significant impact.

Among them, the six large state -owned commercial banks of Industry, Agriculture, China, China, Construction, Communications, and Postal Savings have issued announcements, as well as Industrial Bank, Ping An Bank, Everbright Bank, etc., saying that they have recently exposed the risk exposure of individual real estate enterprises and the extension of housing development projects. Start investigation.

ICBC issued an announcement saying that after investigation, the current suspension project involved a non -performing loan balance of 637 million yuan, accounting for 0.01%of the entire mortgage loan balance, and the risk was controllable. 100 million yuan, small scale and proportion, and controllable risks.

According to the announcement of the Construction Bank on July 14th, the current suspension of construction and the failure to deliver the real estate situation in some areas involved the size of the Bank's size and the overall risks. It will pay close attention to the situation of cooperative companies and real estate, actively cooperate with local governments to do a good job Customer service work, communicate with customers, and promote the steady and healthy development of the real estate market.

According to the Bank of Communications, after preliminary investigation, the balance of overdue loans involved in the company's risk in the media reports was 99.8 million yuan, accounting for 0.0067%of the balance of housing mortgage loans in the Bank of Communications, the scale and accounted for relatively small risks, the risks can be controllable. Essence

China Merchants Bank stated that the "Internet -to -loan" incident involved in the real estate, the bank's overdue personal housing loan balance was 112 million yuan, accounting for less than 0.0001%of the domestic personal housing loan balance, and the risk was controlled as a whole; At present, the bank's overdue loan balance of the "suspension of loan incidents" is 0.021%of the balance of mortgage loans (152.297 billion yuan) for one -handed mortgage loan balance (152.297 billion yuan), which will not have a significant impact on the bank's operations.

The preliminary suspension project of the Postal Savings Bank involves the overdue of 127 million yuan in housing loans.

Picture source: CCTV Finance

The owner of the bad tail building speaks: stop loan is a last resort

On June 30, the owners of Evergrande Longting Building in Jingdezhen City, Jiangxi Province, exposed a "Declaration of Loan Council" to the Internet, and successively added real estate projects to the ranks of suspension.

Ms. Jiangxi did not expect that the real estate purchased in 2021 had stopped working without warning. I thought I could live in a new house in 2023, but I didn't expect to wait for a stop -working site. After nearly a year's repeated help, the owners finally made a decision to stop loan. The "Notice" mentioned that the owner of the real estate unanimously decided that the project was required to fully resume work before October 20, 2022. If the owner who has not been fully resumed before then, the owners who have sold all houses and have not settled the loan will be forced to stop and pay back The monthly supply of bank loans that issued bank loans in violation of regulations until the day of full resumption.

In July, the owners of more and more problems in real estate joined the ranks of suspension of loan statements.

Three years ago, in order to improve the living environment, Ms. Wang Wang's family was determined to sell old houses in Shanghai, and loaned 3 million yuan to buy the "Taihe Sea Courtyard" project in Fengxian District. The project should have been delivered in March last year, but it has been suspended since July 2019. In desperation, Ms. Wang was also preparing to join the loan team. On the afternoon of July 13, the owners of more than 200 Taihe maritime yard jointly issued a "compulsory loan notification letter", announcing that "the project before the project has not been fully resumed, all the owners who have sold their housing sources and have not settled the loan will stop repayment "". The owners sighed: "After three years of communication, the person in charge of Taihe changed 4 or 5, but the resumption of work has never been realized. We really can't see hope."

Ms. Lin from Zhengzhou, Henan, purchased a real estate in Hanheier Bay, Jinshui District, Jinshui District, Zhengzhou, at the price of 21,000 yuan/square meter and a down payment of nearly one million yuan in the summer of 2018. March 31. But now, the developers are dragging and delaying, making the delivery of the house far away. "Now the owners have waited for four years, the house can't be obtained, the house is rented outside, and the rent is paid and the mortgage is paid. Some of the owners' children need to go to school, but the house cannot be available. The film, the children who enrolled this fall without schools can go to the school. Now there is really no way. "It is worth mentioning that according to the owner, the construction of real estate in Hanheer Bay has reached 99%, which is the final end of the end. Engineering and acceptance. "Developers have always said that they are promoting house acceptance, but the government's response to us is that they have not submitted a joint acceptance at all." According to the content of the Zhengzhou Urban Construction Bureau provided by Ms. Lin on May 30th, Hanhaier Bay did not apply for joint acceptance. Essence Ms. Lin revealed that the owners are currently considering mandatory loans. "When will we continue to repay the loan?"

These "rotten tail buildings" owners are trying to master their own property and fate.

According to statistics from E -Krigrui, as of July 13 this year, there were 106 real estate issued by the owner's mandatory loan notification, and the number of projects was still growing.

The suspension projects are mostly distributed in central regions such as Henan, Hubei, and Hunan. Among them, there are 35 real estate involved in Henan Province, and 26 projects involved in Zhengzhou in Henan Provincial Association.

The owner claims that the projects that will take a suspension of loan measures are mostly in weak second or third -tier cities at the beginning, such as Shenyang, Nanning, Changchun, Taiyuan, Nanchang, Kunming, Xiangtan, Zhuzhou, Xianning, Shaoyang, Ezhou, etc.

However, with the fermentation of the matter, there have also been suspension of loans in Chongqing, Wuhan, Changsha, and Tianjin. In first -tier cities such as Beijing, Shanghai, and Shenzhen, there are also a few owners of the suspension projects issued a statement of suspension.

Judging from the housing companies that belong to these projects, most of them are housing companies with tight liquidity. As far as a single real estate company is concerned, there are more than 30 problems in the real estate, ranging from 3-5.

The demands of the owners' suspension of loan can basically be summarized as "urging the resumption of work". In addition to condemning developers, some owners have also aimed at lending banks, listed the issues such as banks to issue pre -sale supervision funds in violation of regulations, which led developers to misappropriate funds at will, and the project was eventually stopped.

The game between loans and developers

It is worth noting that the "suspension of loans" is not the passive "disconnection" of the buyer's loss of payment, and more is the actions that developers cannot handle the house on time and cause the owner to take the initiative to stop loan. From external factors, this is closely related to recent market changes.

Since the second half of last year, the real estate market has cool down under multiple factors, and some developers have encountered tight liquidity, which will affect project construction and delivery. Some real estate companies that have fallen into the debt crisis earlier, their projects have even stopped working for more than a year, and the possibility of rotten is increasing.

In the process of dealing with the crisis of the house, as a pre -sale fund supervision system for the "firewall", these real estate appears virtual. According to the regulations, the pre -sale funds must be deposited into the bank's special supervision account in proportion, and it must be used for special project construction. But many real estate cannot be done.

my country implements the pre -sale management system in the development of housing projects. According to the regulations, the commercial housing project can meet the pre -sale conditions when obtaining land use right certificates, holding construction project planning permits, and investment funds of more than 25%. The pre -sale funds collected by housing companies must be stored in a special regulatory account in a certain proportion, and must be used for relevant engineering construction.

However, after this round of stop work, some owners of some suspension projects have checked the pre -sale fund supervision account, but often found that "the goods are not right", that is, the account announced by the developer is not a regulatory account recognized by the bank.

Due to the misappropriation of pre -sale funds, project project funds have been paid by the building, which has become the hidden rules of the industry. For example, it may lead to insufficient funds for the project of the project, which may cause insufficient funds for the project, which may lead to rotten.

In addition, there are games between loans and developers. When a loan bank signs a closed loan agreement with a developer, it usually stipulates that when the sales reach a certain degree, such as 60%, the developer should repay the development loan from the bank.

In the era of booming property markets, real estate developers have a greater right to speak. In order to exhibit the industry, some developers do not implement it as required, and even misappropriate project funds. "Some developers will also talk to the bank before signing the development loan." A banking institution person told reporters, "If you don't promise, find other banks to do it. At this time, the bank may be There are compromises. "

Moreover, according to the relevant requirements, the specific measures for pre -sale of commercial housing models are formulated by the real estate management department. This has led to many years, the country has not had a unified pre -sale fund supervision system. , Also given developers "organic."

The problem of suspension of lending and suspension of lending moves the whole body. The legal problems and moral dilemma faced by banks, housing companies, owners, and construction units cannot be ignored. How to draw cocoons and break the deadlock still requires all parties to work together.

Baseders: The owner of the bad tail building is a breach of contract

There are two legal relationships during the trading of commercial housing, one is the trading relationship between buyers and developers, and the other is a loan relationship between buyers and banks. The delivery of the house on schedule is the agreement between developers and home buyers, not the agreement between banks and buyers. It is reported that the person in charge of many banks related to the business believes that the owners of the bad tail building cannot hold their mortgage loans on the grounds that they have not been paid. This is mainly because the owner and the bank signed a mortgage loan loan contract. The performance of this contract is not directly related to whether developers can successfully hand over the house.

"Generally, on the contract, the borrower's repayment obligation is unconditional. As for housing delivery, it is something between the buyer and the developer, and it has nothing to do with the bank." A state -owned business person told reporters, and In the mortgage agreement between banks and buyers, it is not based on whether the buyer has obtained the ownership of the house, or the prerequisite for the house as the repayment is usually an unconditional repayment.

However, public information shows that in recent years, there have been some cases that support buyers suspend payment of loans or even lift loan contracts that do not support loans. In these cases, some banks do have problems that are not in place in pre -sale funds, and this is also the key to the formation of bad tail buildings.

For example, in the (2018) Civil Ruling of Yuemin Shenshen No. 7516, the court pointed out that the bank had violated the law to pay the funds to the non -supervisors and other faults. In the end, it was ordered to pay the loan again before the commercial house had the delivery conditions.

(2019) In the Supreme French People's Judgment No. 245, the Supreme Court pointed out that if the house cannot be delivered by the developer's reasons, the "Pre -sale of commercial housing" is canceled, and If it is lifted, the seller shall be charged to the principal and interest of the housing loan and interest to the guarantor (loan bank) and the buyer (buyer), and the buyer will not be able to return the obligation.

Some industry analysts believe that in the face of this complex situation, the regulatory authorities need to consider the consideration, not only to maintain legal authority and take care of the needs of people's livelihood, and to predict the demonstration effect of active lending.

Some experts suggest that some suspension projects are delayed for loan, and the project will be recovered after the project is resumed. At the same time, the debt of the housing enterprises involved in the case will help enterprises to relieve the pressure of funds. In addition, the supervision of pre -sale funds also needs to be strengthened to avoid more similar situations.

(China Xiaokang.com Comprehensive CCTV Finance, Securities Times, First Finance, China Economic Weekly, Red Star News, etc.)

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