Study On The Validity Of Pre-sale Mortgage Pre-registration

In the past few years,the price of houses has continued to rise,and the real estate market has been changing with each passing day.The status of the real estate industry in China’s economy has become increasingly important.The pre-sale of commercial houses is also increasingly favored by developers because they can provide financing for developers.Pre-sale of commercial houses has become the main method of real estate sales.In the land auction,the "land king" has appeared repeatedly,and house prices have gradually risen.Most people cannot pay the full amount at one time,which provides the conditions for the birth of the pre-sale commercial house mortgage notice registration.The pre-sale commodity house mortgage rights advance notice registration includes three main bodies:the pre-purchaser,the real estate developer and the bank,which provides developers with financing channels,guarantees that the bank can handle the mortgage in the future,and provides funds for the buyer.The system maintains transaction security and plays a huge role in promoting the development of the real estate industry.As a kind of advance notice registration,the advance notice registration of the mortgage right of the pre-sale commercial house is relatively vague.After the pre-mortgage registration is carried out by the bank and the house purchaser,but before the mortgage registration is completed,when the pre-mortgage registrant breaches the contract and no longer provides monthly contributions,the bank is forced to sue to the court in order to protect its own interests.It has the priority to be compensated for the pre-mortgage registration of commercial houses,but at the moment,neither the theoretical or practical circles have formed a consistent understanding of its nature and effectiveness,which will result in "different judgments in different cases." The phenomenon of "" has caused damage to the credibility of the judiciary.In 2014,the Supreme Court clarified its attitude in the form of a communique,and only handled pre-mortgage registration,but did not apply for mortgage registration,the bank does not have the right to priority compensation,but if the court fully denies the bank ’s right to priority compensation,It will be unfair.In response to this situation,the author first introduced the related concepts and legal evolution of advance mortgage registration of pre-sale commercial houses,and secondly,the author sorted out the judgment of pre-mortgage registration cases in recent years,and at the same time judged the courts at all levels and localities.Views were sorted out.The author starts with the nature and effectiveness of the advance mortgage registration,and analyzes the reasons for the dispute over the validity of the advance mortgage registration of the pre-sale commercial house.When the court adopted a different nature of the pre-announcement registration,it introduced the effect of the pre-sale commodity house mortgage rights pre-announcement registration effect,and then whether the pre-mortgage registration is equivalent to the mortgage registration,and whether the pre-mortgage registration can be analogized to the building under construction Mortgage disputes are described.In the fourth part,considering that the law always lags behind the needs of the society,starting from the registration of the advance notice of the mortgage of the pre-sale commercial house to the registration of the mortgage,it is believed that when the pre-purchaser actively violates the contract,he refuses to register the ownership,and the court When the judgment is fulfilled within the time limit and the performance is still not performed,the bank has the priority to be compensated for the commercial housing,thereby balancing the interests among developers,banks,and buyers.However,in response to this situation,the Supreme People’s Court still needs to issue a judicial interpretation as soon as possible,clarify its attitude,and avoid the phenomenon of "different judgments in similar cases",thereby maintaining judicial authority and promoting the development of the real estate industry.