“烂尾楼”买受人房贷断供相关法律问题分析

The Relevant Legal Problems Analysis of “Rotten End Building” Buyer Mortgage off

摘要: 目前，按揭贷款方式是社会大众购买商品房的主流付款方式之一。由于疫情造成的经济波动，开发商财务状况恶化造成资金链断裂，导致预售商品房工程无法继续施工建设，可能造成“烂尾”局面，因此部分买受人对预售商品房存在消极预期的情况下选择断供。本文主要分析“业主断供”案件涉及的开发商、业主、按揭银行三方面主体，以及商品房买卖合同和按揭贷款合同两层法律关系，对请求权基础与各方主体的救济路径进行了详细解读，保障疫情之下的社会稳定和经济发展。

Abstract: At present, mortgage loan is one of the mainstream payment methods for the public to buy commercial housing. Due to the economic fluctuations caused by the epidemic and the deterioration of the financial condition of developers, the capital chain is broken, which leads to the inability to continue the construction of pre-sold commercial housing projects, which may cause a “rotten tail” situation. Therefore, some buyers choose to cut off the supply of pre-sold commercial housing when they have negative expectations. This paper mainly analyzes the three main parties involved in the case of “owner interruption of supply”: the developer, the owner and the mortgage bank, as well as the two legal relations between the commercial housing sale contract and the mortgage loan contract, and gives a detailed interpretation of the basis of the right of claim and the relief path of the parties, so as to ensure social stability and economic development under the epidemic.