法院判决：商品房烂尾后开发商承担剩余贷款

Core Viewpoint - The recent court ruling in Lianyungang allows homebuyers to recover their down payments and interest if developers fail to deliver properties as promised, shifting the responsibility for remaining mortgage payments to the developers [1][2][3]. Group 1: Legal Context - The court supported the claim of the buyers, allowing them to return the property and requiring the developer to continue repaying the loan [2]. - According to the Supreme People's Court's interpretation, if a property sale contract is deemed invalid or canceled, the related mortgage contract can also be dissolved, supporting the buyers' request to terminate the mortgage agreement [2][3]. - The ruling emphasizes that clauses requiring buyers to repay loans without receiving the purchased property are unreasonable and violate fairness principles, rendering such clauses invalid [3]. Group 2: Challenges for Homebuyers - Historically, it has been difficult for homebuyers to recover their down payments and interest after purchasing unfinished properties [4]. - Legal procedures can be complex, and buyers may face challenges in negotiating with developers, often needing to resort to litigation to resolve contract disputes [4]. - Even if buyers win their cases, they may still encounter situations where developers lack the funds to refund payments, leaving them with no recourse [4][5]. Group 3: Current Trends and Recommendations - The prevailing approach for buyers facing delivery issues is to advocate for the completion of construction rather than opting for refunds, as many unfinished projects are now included in government-supported recovery lists [5]. - Legal protections for buyers have been reinforced, with recent guidelines prioritizing buyers' claims for refunds over other debts in cases where properties cannot be delivered [5].