Late repayment is not out of malice banks to lift mortgage contract was split

The borrower has seven failed housing loan principal and interest repayment schedule, but after all filled. Under these circumstances, the banks will lift loan contract requiring the borrower to repay all principal and interest for loans? Beijing Haidian District People's Court has recently given an answer to this, after the borrower personnel filled the act shows that the amount of the repayment of its debt-servicing will, and can not prove their loss of ability to repay debt service or malicious failure to perform the obligations, the conditions do not meet terminate, the court rejected the bank's law litigation request.
On April 25, 2004, Zhang and banking, and real estate were also signed a "personal housing mortgages contract," Zhang to its purchase of a size of 90 square meters of real estate as collateral, a bank loan of 310,000 yuan, loan period is 30. The contract also provided that if Zhang accumulated three consecutive months or six months of service in accordance with the contractual agreement, the banks can exercise priority for repayment of the mortgage. Compared to the real estate contract in all loan principal, interest, penalty interest, compound interest, liquidated damages, damages, costs and achieve claims Zhang commitment to the payment of other responsibilities associated guarantees.
After the signing of the contract, the bank disbursed loans to Zhang. In January 2005, the current Zhang failing to repay the principal and interest, real estate dynasty of its principal and interest due and paid the penalty interest. In May 2006, Zhang also failed to repay on time and the current principal and interest, real estate dynasty also remain. Since then, Zhang also had five late repayment. However, on June 4, 2007, Zhang all of the one-time pay off overdue principal and interest and penalty interest.
To that end, banks have raised terminate, and asked Zhang early repayment of all principal and interest for loans. The court held that the banks and Zhang signed contracts legitimate personal housing mortgages effective, Zhang has five consecutive times, the cumulative 7th overdue repayment of the principal and interest of loans circumstances, but after all the corresponding repayment of overdue loans, and that its payments interest paid wishes. While there is no evidence that banks are still after Zhang arrears or late, and showed that Zhang did not exist or malicious loss of ability to repay debt service obligations do not fulfill the conditions, they do not meet the conditions terminate.
Judges Comments <br> case is the trial judge said, for those who do not also malicious bank loans or骗贷the purchases, the law will not tolerate. For those who truly can be the ordinary people in a house loan, occasionally due to some objective factors have led to the short-term overdue, banks often require its terminate and early repayment of all loans, is too harsh.
Mortgage loans, the purchase of the economic situation is not static, disease, travel, temporary cash flow difficulties, to a certain extent, might create late repayment, and the bank signed the loan with a very harsh terms of the contract, there overdue, banks often regardless of whether the loan was later returned all of the time on the court, hence, the purpose of the contract to terminate the requirements of the ground can not be achieved.
Mortgage loans to banks for the purpose of the charging of interest when the lender has been arranging the return of overdue loans, banks have to terminate and demanded early payment of high penalty interest loans, such receipts is much higher than normal loan proceeds. And in mortgage loans, housing as collateral, banks have completely repayment guarantee. In such circumstances, the reasons for lenders and their overdue repayment ability and willingness, banks should be reviewed, the contract can not be identified as to lift all the conditions.
Like Zhang such cases, the practice has occurred many, the court hearing the types of cases should be overall consideration of the law and work hard to ensure the unity of the facts, decide whether the contract should be carefully lifted. (Qu Li Song Jie Huang Yu Jing)

Be Sociable, Share!

•