Research On The Developer’s Guarantee Responsibilities And The Path Of Claims In Mortgage Purchases

In the process of mortgage purchase,the developer in the process of providing periodic guarantee to the loan bank requires that "the housing buyer fails to repay the loan to the loan bank in accordance with the loan contract,which leads to the developer assuming the guarantee responsibility" as the condition for the cancellation of commercial housing。In the process of practice,when the owner appears to "break the supply",the developer,as the guarantor,actually guarantees the periodic guarantee liability,but merely exercising the guarantor’s right of recourse may not be able to protect the rights of the developer in essenceo Below this circumstance,development chamber of commerce exercises the revocation right of commodity house presale contracts when revocation right and recovery right exercise at the same time,can assure creditor’s rights to get substantial safeguard after going through court adjudication-namely building repurchase。In the case that the commercial housing pre-sale contract has not been sealed up(in the process of judicial practice,the court can seal up the contract signed and filed on the website of the housing administration bureau),it is relatively easy for the developer to terminate the contract and realize the purpose of right maintenance as described aboveo However,when the pre-sale contract of commercial housing is sealed up or even executed due to the buyer’s other debts,the developer can not fully realize the purpose simply by rescinding the contracto Therefore,in view of this situation,the developer also needs to apply for the cancellation of the closure,the implementation of the objection proceedings。Through the description of the above two situations,the author explains the stage guarantee liability of the developer in judicial practice and the path of the developeJ s right claim to the "cut-off" owner after the developer assumes the stage guarantee liability to the loan bank。In developers to rescind the contract and pass application cancel the seizure,the application execution objection to the commodity house opens to booking a contract involved building to restore the original rights,the rights of the developers get the maintenance,the commodity house opens to booking a contract attachment involved other creditors’ rights in the path of developers claim will lose substantial protectiono In this process,other creditor can apply for preservation and enforcement of the purchase money that the developer should returm to the owner in the process of commodity house repurchase。This paper intends to systematically analyze how to realize the protection of the rights of other creditors after the rights of developers are maintained,hoping to provide guidance for legal practitioners in practical operation。...