Recently, we received a piece of news:
Dozens of owners of Yuetai Rongting Mansion, a luxury house in Yuexiu District, have been in possession for 5 years, but they have not yet obtained the real estate certificate, and even the house has been seized and is facing an "auction"!
Yuetai Rongting Mansion
You must know that the average number of houses here is more than 800-10 million (the average price is 8, 90,000 +/㎡), and only one parking space can be sold for 60-900,000 yuan, which is about to catch up with the "price level" of Zhujiang New Town.
Yuetai Rongting Mansion parking space
And it is such a house that will empty the wallets of several generations, and there will be a magical plot that will not be able to get a certificate for 5 years!
It all started in 2018......
After the explosion of real estate companies
The domino effect
In 2018, Miss W, who was in Yuexiu, with the support of her whole family, sold her parents' house, took out all the savings of herself and her husband, and bought a large apartment of about 170 square meters in Yuetai Rongting Mansion.
The owner of Yuetai Rongting Mansion has been living in it for 5 years
Miss W said that although the price here is expensive, she still gritted her teeth and emptied her money bag to buy the house here after imagining the beautiful life after moving into her own house, convenient transportation, and high-quality degrees.
However, what she didn't expect was that the house that so many people were robbing at the beginning couldn't get a certificate until today, and it might even be auctioned.
"Once it's auctioned, it's going to be a dream." Miss W said helplessly.
At that time, she signed a contract with Guangzhou Xucheng Industrial Development Co., Ltd., a subsidiary of Yuetai Group Co., Ltd., and paid the full amount in accordance with the contract. Judging from the current situation, most of the owners who bought the house at that time have paid the full price of the house, and a small number of others have also paid more than 70% of the price of the house.
And the owners also said that when they bought the house, they did not know that they could not transfer the property. Yuetai Group promised them at that time that it would help them handle the online signing and transfer after taking over the building.
As for why the transfer cannot be made, it is because Yuetai Group has mortgaged the property to ICBC before the pre-sale in order to finance in the early stage.
Later, Cinda Group and China Great Wall Asset Management Co., Ltd. successively purchased this asset package from ICBC.
The final creditor's rights were transferred to Cinda Group.
According to the information we have found, the developer of Yuetai Rongting Mansion is Guangzhou Xucheng Industrial Development Co., Ltd., a subsidiary of Guangzhou Yuetai Group Co., Ltd. According to the information checked by the enterprise, Guangzhou Yuetai Group Co., Ltd. has been listed as a dishonest person subject to execution, and it is also unable to repay Cinda's debts.
So now Cinda Group has filed a lawsuit with the court to seize the Yuetai Rongting Mansion that was originally mortgaged to them, and may even auction it off in the future.
Regarding Yuetai's behavior of selling houses and mortgaging without informing the owners, the owners also sorted out the timeline.
Yuetai Rongting Mansion was originally a project of Yuetai Group, which was launched twice in 2018 and 2021, and both times were very sensational and popular in the market.
Now, it has become a "hot potato", which is embarrassing.
Many owners said that because they couldn't get the real estate certificate and sold their previous houses, they can now only hang their household registration on the street (collective household), and their children have to pay up to 110,000 yuan in sponsorship fees for school on the street.
So, isn't there no solution to this problem?
The owners are running around in many ways,
Can "property rights" be implemented?
In this regard, the owner revealed that they have repeatedly asked the government for help and also provided us with corresponding materials.
We also consulted with many parties by phone about how this matter should be resolved.
First of all, we contacted the sales office of Yuetai Rongting Mansion, and the phone was answered, but the other party said that this was only a service call, and he would ask another sales person to contact me.
But I waited a long time and didn't wait for a call from the sales.
Similarly, on the issue of degrees, I also called the neighborhood committee, and the other party said that it was necessary to communicate with the school in the corresponding street, whether it could be proved by other materials (such as the purchase contract), and special treatment.
However, according to the feedback from the owners, they have communicated with the school before, but they still need to pay the sponsorship fee to enroll.
As for Cinda, the owner said that he had always asked the government or the Financial Supervision Bureau to help make an appointment, and every time he communicated with the other party, he also said that he was a victim, and there was no result of the negotiation.
In terms of Yuetai, the company did not have a high-level executive who could make decisions, and every meeting sent the general sales or financial director, and there was still no solution.
In short, after many trips, the owners have not found a channel to protect their rights, and a series of problems such as "property rights" and "degrees" cannot be solved.
At present, the main demand of the owner is that the relevant departments and the enterprises involved should send representatives with decision-making power, and several parties should jointly negotiate a reasonable and effective solution, instead of blindly delaying.
Regarding the incident of Yuetai Rongting Mansion, we also consulted with lawyers.
Lawyer's opinion
Lawyer Cao Chunke, a partner at Guangdong Nanfang Fred Law Firm, believes that the current owners may face the following problems: first, how to face and deal with the seizure by the court; second, if the developer mortgages the sold house, whether the owner can unilaterally cancel the "mortgage" through litigation; Third, if the developer has already handled the large-scale confirmation of rights, what are the obstacles to the license, whether it can be solved, and how to promote the follow-up license application.
Judging from the current situation, some of the owners of this group of owners have paid the full price, and some owners have paid more than 70%, if it exceeds more than 50% of the price of the house, and the actual property has been closed, and the reason for the failure to handle the transfer is not the owner. In particular, if the developer "sells the house first and mortgages later", the developer and the mortgagee are obviously at fault and are the responsible party for the overdue application, and the owner has the right to request the developer and the mortgagee to assist in canceling the "mortgage status" through litigation.
If the developer "enters the mortgage first and sells the house later", whether the owner can prevent the court from executing the seizure of the mortgaged property without removing the mortgage right needs to be differentiated into specific circumstances, and it is necessary to make a comprehensive analysis based on whether the developer deliberately conceals the fact of "mortgage" and whether the mortgagee agrees to the pre-sale.
Of course, these owners can still remove mortgages and resist mortgages based on the right of survival of commercial housing consumers. In addition, the owner has the right of expectation in rem of the seized house and may apply to the court to exclude the enforcement measure. The owner shall first submit a written objection to the court of seizure in accordance with the law to exclude the enforcement measures of the seizure. If necessary, the owner shall promptly entrust a professional to file an enforcement objection lawsuit with the court in accordance with the law, claiming that the developer and the mortgagee should be required to cancel the mortgage of the house. After the seizure measures are lifted, the owner may request the developer to assist the owner in directly applying for the certificate through litigation, and also has the right to claim that the developer bears the corresponding liability for breach of contract for overdue application. Of course, seeking government coordination with the parties is also an effective solution.
Finally, we also hope that the property rights issue of Yuetai Rongting Mansion can be resolved as soon as possible, and perhaps the government can come forward to help coordinate all parties involved in this matter.
We will continue to improve what happens next.