For Chinese people, having a house is considered a home, so the existence of a house is unique to Chinese people. Because the earthquakes have occurred more times in the past few years, property damage caused by earthquakes has also become a hot topic of concern. Some home buyers are wondering: If the house that is paying back monthly payment collapses or becomes a dangerous house, should we continue to repay the loan? Once you look at the question, you will know that this is another battle between love and law. So which side should the answer be?
Generally speaking, earthquakes are natural disasters, so some home buyers asked, when the house is completely damaged caused by natural disasters, they should not have to continue repaying the loan, right? After visiting many commercial banks and legal professionals, the editor also gave the answer to this question: even if the house is completely damaged during the earthquake, the lender is obliged to pay off the remaining loans on a monthly basis. Are
very surprised by this answer? In fact, the editor was also very surprised, although, according to the provisions of my country's "Property Law", houses damaged by earthquakes will no longer be used as collateral for guarantees. However, according to the "Contract Law", the debt-debtor relationship between the mortgagee and the bank should continue to be performed, but it will become an ordinary loan contract without mortgage .
2. If it is a house that has not been delivered, the responsibility should be paid by the developer
In fact, from buying a house to bank loan, there are three debt-to-debtor relationships, namely home buyers, developers, and banks. Therefore, from the perspective of debt relationship, when the house in the mortgage is gone due to an earthquake, the question of whether the mortgage loan should continue to be paid involves two legal relationships: the relationship with the developer and the relationship between the bank.
Now, the editor will briefly explain the relationship between home buyers and developers and the relationship between home buyers and banks. First, the home buyer borrowed money from the bank to pay the entire house payment to the developer, obtained the real estate certificate, and owned the ownership of the house, which had nothing to do with the developer. Then the buyer borrowed money from the bank and handed it over to the developer, and formed a creditor-debtor relationship with the bank.
Of course, the reason why banks can approve mortgages to home buyers so easily is also necessary to have mortgages. In other words, in order to prevent home buyers from not being able to afford to pay back, the bank requires mortgage to the bank. When the home buyers really cannot afford to pay back, the bank, as the mortgagee, can handle the property. In fact, the relationship is already very obvious, and house mortgage is just a supplement to the debt relationship.
The supplement to house mortgage will not disappear because of its disappearance or damage. In short, to put it simply, if the house falls down, it is just a damage to a mortgage, the creditor-debtor relationship will still exist and will not disappear due to the loss of the mortgage (house).
In addition, in real life, there is also a situation where some people have paid the house, but the house has not been delivered yet. If a commercial housing purchased without a mortgage loan is damaged or lost in an earthquake, who will bear the consequences?
Of course, the above situations are common. So the problem is, once the above situation occurs, what are the relevant provisions of the law? Generally speaking, if the developer has not delivered the house to the buyer for use, and the house is damaged or lost in the earthquake, the developer shall bear the consequences to repay the loan, and the developer shall return the purchase payment or deposit paid by the buyer to the buyer.
