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因房企等原因拿不到房本怎么办?自然资源部等部门联合发声
Yang Shi Xin Wen· 2025-09-26 03:13
Core Viewpoint - The article discusses the coordinated efforts by various government departments to resolve historical issues related to property registration, particularly for individuals who have purchased homes but have not received their property certificates due to various reasons, including issues with real estate companies [1][4]. Group 1: Policy Implementation - The Natural Resources Department and other agencies emphasize the need to adhere to four principles in policy formulation: serving innocent buyers, government leadership with inter-departmental collaboration, a historical perspective with a pragmatic approach, and a combination of prevention and resolution [1]. - For properties that are sealed due to issues with real estate companies, specific handling principles are established to facilitate property registration for affected buyers [1]. Group 2: Property Sealing and Registration - Courts are instructed to ensure that properties sold and their corresponding land are not included in the sealing process if they meet the criteria outlined in the legal document [2]. - For buyers who have paid the full purchase price but whose properties are under mortgage, the registration of property rights will occur simultaneously with the cancellation of the corresponding mortgage registration [3]. Group 3: Historical Issues Resolution - Over 23 million historical property issues have been resolved nationwide, with more than 2.3 million resolved this year alone, allowing citizens to obtain their property certificates and address related issues such as residency and schooling [3]. - A long-term mechanism is being established to prevent new issues, with over 2,300 counties implementing a "certificate upon delivery" reform for new residential projects, resulting in the issuance of over 8.4 million property certificates [3].
因房企等原因拿不到房本怎么办?自然资源部等部门发声
Yang Shi Xin Wen· 2025-09-23 05:10
Core Viewpoint - The article discusses the coordinated efforts by various government departments in China to resolve historical issues related to real estate registration, specifically addressing the problem of buyers not receiving property certificates despite having purchased homes [1][3]. Group 1: Policy Implementation - The Ministry of Natural Resources and other departments emphasize the need to adhere to four principles in policy formulation: serving innocent buyers, government leadership with inter-departmental collaboration, a historical perspective with a pragmatic approach, and a combination of prevention and resolution [1]. - For properties that are sealed due to issues related to real estate companies, specific handling principles are established to ensure that buyers who have paid in full can still obtain their property certificates [1][2]. Group 2: Resolution of Historical Issues - Over 23 million historical housing issues have been resolved nationwide, with more than 2.3 million cases addressed this year alone, allowing buyers to obtain property certificates and resolve related issues such as residency and school enrollment [3]. - A reform initiative has been implemented in over 2,300 counties and cities, allowing for the issuance of property certificates simultaneously with the delivery of new homes, resulting in over 8.4 million property certificates issued [3]. Group 3: Financial Security Measures - For buyers who have paid in full but whose properties are still under mortgage due to the developer's debts, measures are in place to cancel the corresponding mortgage registrations while ensuring the financial security of lending institutions [3]. - Local mechanisms are encouraged to collaborate with financial institutions to prioritize the repayment of loans using excess funds from pre-sale regulations, ensuring that the rights of both buyers and lenders are protected [3].
中国化解2300多万套房屋不动产登记历史遗留问题
Zhong Guo Xin Wen Wang· 2025-09-22 09:05
Core Points - The Chinese government has resolved over 23 million historical real estate registration issues, with more than 2.3 million resolved this year, facilitating property rights certificates for citizens [1][2] - The Ministry of Natural Resources has established inter-departmental communication mechanisms to address major cross-departmental issues efficiently [1] - A long-term mechanism is being developed to prevent new issues, with over 840,000 property rights certificates issued simultaneously with new home keys under the "delivery of house and certificate" reform [2] Group 1 - The Ministry of Natural Resources reported that over 23 million historical real estate registration issues have been resolved, with 2.3 million resolved in the current year [1] - The resolution of these issues has allowed citizens to obtain property rights certificates, addressing related challenges such as residency, education, transactions, and financing [1] - The historical issues arose due to a lack of coordination and standardization in the real estate development and registration process [1] Group 2 - The Supreme People's Court has stated that properties that have had all purchase payments made should be processed for registration even if they are under seal due to the developer's issues [2] - For properties under seal due to the buyer's own debts, the seal cannot be lifted, but seals due to other debts should be removed [2] - The National Financial Regulatory Administration is working to ensure that property rights certificates are issued while canceling corresponding mortgage registrations for properties with outstanding developer debts [2]
警惕过户陷阱、维权莫超期……北京西城法院发布涉不动产登记典型案件
Zheng Quan Shi Bao· 2025-09-20 12:30
Core Insights - The report highlights the increasing risks associated with real estate registration disputes, emphasizing the importance of legal scrutiny in these cases [1][4][7] Group 1: Case Statistics - From January 2022 to August 2025, the Beijing Xicheng Court adjudicated a total of 95 administrative cases related to real estate registration, with a stable annual distribution: 28 cases in 2022, 30 in 2023, 21 in 2024, and 16 cases from January to August 2025 [3] - The majority of claims in these cases focused on transfer registration (43 cases), correction of registration (24 cases), and initial registration (16 cases), accounting for over 80% of the total [3] Group 2: Legal Scrutiny Focus - The core of the court's review centers on whether the real estate registration authority fulfilled its legal duties during the acceptance, examination, registration, and issuance of certificates [4] - The complexity of these cases arises from the need to clarify the underlying civil legal relationships, such as sales, gifts, mortgages, and inheritances, which complicates the adjudication process [3][4] Group 3: Case Outcomes - Out of the 95 cases, 30 resulted in the annulment or confirmation of illegal real estate registration actions, with 83.3% of these cases attributed to changes in the foundational facts of the registration [6] - Common scenarios leading to annulments include contracts being declared invalid by court judgments, notarized documents being revoked, and court rulings being proven false [6] Group 4: Typical Cases and Risks - The report outlines four typical cases that illustrate prevalent risks in real estate registration disputes, including fraud, the importance of timely legal action, and the consequences of malicious collusion [8][10] - One case highlighted the dangers of fraudulent property transfers, where a victim was misled into signing a false contract, leading to significant financial loss [9] - Another case emphasized the importance of adhering to statutory time limits for legal actions, as delays can result in the loss of rights to seek corrections [10] Group 5: Recommendations - Recommendations for registration authorities include fulfilling their review obligations, utilizing technology for better verification, and enhancing collaborative governance to prevent disputes [11] - Public awareness is also emphasized, urging individuals to improve legal awareness, protect their assets, and choose rational legal remedies [11]
警惕过户陷阱、维权莫超期……北京西城法院发布涉不动产登记典型案件
证券时报· 2025-09-20 12:23
Core Viewpoint - Real estate is a crucial carrier of social wealth, directly impacting the interests of households. Recent cases highlight the risks associated with real estate registration disputes, including fraud and administrative challenges [1][8]. Group 1: Case Statistics and Trends - From January 2022 to August 2025, the Beijing Xicheng Court adjudicated a total of 95 administrative cases related to real estate registration, with a stable annual distribution: 28 cases in 2022, 30 in 2023, 21 in 2024, and 16 in the first eight months of 2025 [3]. - The majority of claims in these cases focused on transfer registration (43 cases), correction registration (24 cases), and initial registration (16 cases), accounting for over 80% of the total [3]. Group 2: Legal Examination Focus - The core of the court's review is the legality of the registration actions taken by the real estate registration authority, emphasizing the need to clarify the responsibilities and boundaries of these authorities [4]. - A significant portion of cases (83.3%) involved the annulment of registration due to changes in the foundational facts that supported the registration [6]. Group 3: Typical Cases and Risks - Four typical cases were presented, illustrating high-risk scenarios in real estate registration disputes, including fraudulent contracts leading to wrongful property transfers and the importance of timely legal action to correct registration errors [9][10]. - The case involving Mr. Wang highlighted the dangers of fraudulent schemes that can lead to irreversible losses when properties are transferred or mortgaged under false pretenses [9]. Group 4: Recommendations and Suggestions - Recommendations for registration authorities include fulfilling their review obligations, utilizing technology for better verification, and enhancing collaborative governance to prevent disputes [11]. - Public awareness is emphasized, urging individuals to improve legal awareness, protect their assets, and act promptly when discrepancies in property registration are identified [11].