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对于预售商品房抵押贷款中,在借款人违约,银行要求借款人提前归还全部借款本息的情况下,如果此时预售商品房抵押仅进行了预告登记而尚未办理正式抵押登记的情况下,因预售商品房抵押尚未设立,银行不能直接要求对预售商品房享有优先受偿权。由此,将给我国商业银行预售商品房抵押贷款业务带来巨大的金融风险。一、一个案件引发的争议2007年8月13日,陈某、赖某作为买受人与G公司签订了商品房买卖合同一份,约定陈某、赖某向G公司购买杭州市西湖区某公寓5幢1703室房产一套。同日,P银行与陈某、赖某、G公司签订个人购房担保借款合同一份,约定陈某向P银行借款110万元用于购买杭州市西
For the pre-sale real estate mortgage loan, if the borrower defaults and the bank asks the borrower to repay all the principal and interest of the loan in advance, if the pre-sale real estate mortgage has only been registered for advance notice and the formal mortgage registration has not been completed yet, The sale of commercial housing mortgage has not yet been set up, banks can not directly claim the pre-sale of commercial housing enjoy the priority of compensation. As a result, China’s commercial banks will be pre-sale of commercial real estate mortgage loan business brings tremendous financial risk. First, a controversial case triggered August 13, 2007, Chen, Lai as a buyer and G company signed a contract for the sale of commercial housing, agreed Chen, Lai Moumou to buy G, an apartment in Hangzhou West Lake District 5 sets of 1703 real estate a set. On the same day, Bank P and Chen, Lai, G company signed a personal purchase secured loan contract, agreed to Chen P loan 1.1 million yuan to P Bank for the purchase of Hangzhou West