Recently, with the downturn in the property market, developers discount dynamics, and strengthen consumer awareness of legal system, some people choose to return a house. In this process, there are some mortgage owners worry, check-out, how do you pay the bank mortgage loans? To pay insurance gold can't refund?
　　
    Property buyers can lift the purchase contract

   Recently, the reader Mr. Kim called to say, he bought a set of commercial housing mortgage loans, recently sought. After the discovery of many developers promise was unfulfilled, although the representations and developers for a long time, but the two sides have been unable to reach an agreement. He wanted to know, if he want to return a house, how to do a loan? And the loan related issues and how to deal with?

  According to Mr Kim's question, the lawyer thought, from a legal perspective, return a house is actually the property buyers purchase contract as a party, to exercise its right to terminate a contract, is certainly can. Home buyers with loans between banks is a metonymy relation, and developers is a housing sale, there are relations, but the two are completely independent legal relationship, so for the purchase of the right of rescission and no prejudice.

  Then, a mortgage loan is who? Lawyers think, first of all because of the purchase contract is rescinded, all purchase payments developers to obtain from the purchase of office shall return the purchase. Property buyers to apply for bank mortgage loans, is also part of the purchase, should also be returned to the house. Then, property buyers should be based on "section fifth" thirty-second "general loans, the borrower to return the loan in advance shall, in consultation with the bank, the remaining loan principal will be returned to the bank in advance."

   Property buyers should handle the mortgage registration

   The lawyer thinks, actually this repayment method is a theoretical approach, so it is difficult to operate in practice, because buyers have purchased houses mortgaged to the bank. If property buyers not got the money after back to the banks, mortgage banks can only exercise the right to auction or sell a mortgage, property buyers in the purchase of housing. But this is not to the purchase of all housing, the housing punishment on damage the interests of the developers, developers will not eat this loss. Therefore, only by the developers will be returned the purchase of the house is divided into two parts, which belongs to the purchase of the first payment of part of the direct return to the house, property buyers to bank loans directly to banks, and regarded as property buyers have early repayment to the bank.

   The bank according to the people's Bank of Chinese "individual housing loans management approach" the thirtieth stipulation: "the mortgagor or pledgor pursuant to the provisions of the contract after the reimbursement of all loans, mortgage or pledge collateral or return of capital, loan contract terminated." In order to receive repayment, the loan contract terminated.

   China's "guarantee law" fifty-second stipulation: "the mortgage right and the creditor's rights exist at the same time, elimination of creditor's rights, mortgages also eliminated." After the termination of the mortgage loan contract, shall be destroyed, the parties shall handle the relevant formalities for the registration of mortgage.

   Need for refund refund procedures

   The lawyer thinks, to buy housing mortgage loans, will generally require the purchase of insurance for the purchase of housing, insurance beneficiary bank loans. Lift while the contract will involve the problem of insurance, the insurance law is an independent legal relationship from the sale of housing, lending relationship, so the insurance has its own characteristics.

  "Insurance law" of the people's Republic of China stipulates that the fourteenth: "unless otherwise specified in this law or the insurance contract, the insurance contract, the applicant may terminate the insurance contract." That is to say, if the buyers signed insurance contracts no surrender ", buyers in the lifting of the purchase contract at the same time, to terminate the insurance contract.

   "Insurance law" of the people's Republic of China stipulates that the thirty-eighth: "before the commencement of the insurance liability, the applicant requests the termination of the contract, it shall pay commissions to the insurer, the insurer shall return the insurance premium. After the commencement of the insurance liability, the applicant requests the termination of the contract, the insurer may collect from the insurance liability to the date of termination of the contract the date of the period of insurance, the remaining part shall be returned to the applicant."

   The lawyer thinks, property buyers can be in accordance with the above provisions of surrender, refund procedures.

    Procedures not finishing, loans still have

   Lawyers to remind the owners, because of some reasons to return a house, can not "excuse" to stop owing on the loan.

   At present, part of the buyers there is misunderstanding or fuzzy on the relationship between banks and developers, some people think that the mortgage loan is due to buy a house to buy a house for, not now, so they do not have mortgage loans also; or want to check out, simply stopped monthly also limit. In fact, between buyers and banks lending relationship is independent of the trading relationship between the housing, therefore, the lifting of the purchase contract is not at the same time the loan contract. Property buyers while the back of the room, but because the buyer has money from a bank loan for the purchase, and inter-bank debts relations still exist, before procedures incomplete for clear, or to pay the mortgage