Case Analysis Of Mortgage Notice Registration

In the process of financial loan disputes,often find borrowers in loans from financial institutions provides false supporting materials,lead to the hidden trouble of financial loan contract is invalid,and suspected of criminal offenses.The uncertainty of the validity of the mortgage law and the unreasonable period of the developer’s joint liability guarantee lead to the exact opposite judgment result.The people’s court adopts the judicial thought of "first punishment and the people" in the special historical conditions.But as a result of civil litigation and criminal litigation is to protect the legal interests of different,review the scope and focus of different also,in addition to outside must be based on trial results of criminal cases,civil cross case shall adopt a "parallel" civil trial.The invalidity of the contract is the criterion for the violation of the effectiveness of the laws and administrative regulations of our country.In this case,the financial loan contract does not exist as stipulated in article 52 of the contract law of the People’s Republic of China,so the contract is valid.In 2007,article 20 of the property law of the People’s Republic of China officially stipulated the notice registration system.Advance notice registration system is an important part of commodity house opens to booking and mortgage system,forecast the mortgage registration is an important means of guarantee,maintain the lawful rights and interests of creditors and the system of major controversy in theory and practice.In order to analyze the forecast mortgage registration legal force,we through the forecast of the intermational and domestic source of the mortgage system,and the legal nature and effectiveness of real right and creditor’s rights and the legal nature and effectiveness of comparing concluded that forecast hypothec belongs to can produce effect of real right of creditor’s rights.The developer’s periodic joint guarantee liability is another important guarantee way to protect the interests of creditors.In judicial practice,between the parties tend to developers to assure responsibility when lift the dispute,I don’t think the people’s court should be used mechanical "suretyship contract" agreed warranty period guarantee liability whether developers,shall,according to the actual situation,whether developers to complete the development obligations to make judgments.Finally,the author to forecast whether the mortgagee shall have the priority of compensation,developers under what conditions shall bear joint liability guarantee to make the follow:ing conclusion:1.When the borrowers default,such as caused by developers because the mortgage registration is not complete,if not the completion acceptance,the lender shall enjoy the priority of compensation,the developer shall assume joint and several guarantee responsibility.2.When the borrowers default,buyer caused as a result of commodity house.mortgage registration is not complete,such as delay or refuse to deal with the mortgage registration,then the lender shall enjoy the priority of compensation,developers of a suretyship of joint and several liability shall terminate.3.When the borrowers default,as a result of bank loan causes the mortgage registration is not complete,such as mortgage registration due to negligence in three months period expires,the lender does not enjoy the priority of compensation,developers should not assume joint and several guarantee responsibility.The above viewpoints can better balance the interests of borrowers,lenders and real estate developers,look at the unified referee scale,safeguard judicial authority and safeguard the legitimate rights and interests of the parties.