Lianyungang Port(SH:601008) Yang Zi Wan Bao Wang·2025-05-09 15:11Core Viewpoint - The recent court ruling in Lianyungang clarifies that homebuyers are not responsible for repaying mortgage loans if the developer fails to deliver the property, placing the repayment responsibility on the developer instead [1][3]. Case Background - In November 2020, two buyers signed a property purchase contract with a developer, using a mortgage loan. The bank transferred the loan directly to the developer's account. Due to the developer's breach of contract, the buyers successfully sued to terminate the purchase contract. The developer promised to continue repaying the remaining loan but failed to do so, leading the buyers to pay nearly 40,000 yuan out of pocket and file another lawsuit [2]. Court Ruling - The court ruled that after the termination of the purchase contract, the purpose of the loan contract could not be fulfilled, thus nullifying the mortgage agreement. The court deemed the bank's clause requiring buyers to continue repaying the loan as unfair and invalid, as the buyers had neither received the property nor occupied the loan. The developer was ordered to refund the buyers for the amount they had paid and to repay the remaining loan principal and interest directly to the bank [3]. Significance - This case establishes that in disputes involving unfinished properties, the developer holds the ultimate repayment responsibility for loans, breaking the cycle where buyers lose both their property and are still liable for the mortgage. It provides a judicial interpretation that when a purchase contract and a mortgage contract form a "dual guarantee" relationship, buyers are not required to continue payments for an unfulfilled transaction, thereby protecting their legal rights. This ruling serves as a precedent for similar cases nationwide, outlining a "three-party responsibility division" [4].