"Great! When I got this certificate, I was completely relieved! On September 29, at the window of the real estate registration center of Youxi County, Uncle Liu, a resident of Jiahe Garden Community, got the long-awaited real estate certificate, and his joy was beyond words.
Flexible execution
Promote the rehabilitation of suspended communities
Jiahe Garden Community, located in Xicheng Town, Youxi County, was once suspended due to the rupture of the development company's capital chain. Subsequently, the development company was sued for a variety of debt disputes, and a total of 127 cases entered the enforcement procedure, with a subject amount of more than 160 million yuan.
This series of cases involved issues such as non-payment of project payments and wages, and overdue delivery, involving the construction party of the project, migrant workers, home buyers, banks and other parties. In the course of the execution of the previous case, although the Youxi Court seized the unsold houses of the project in accordance with the law, it could not be disposed of because the supporting facilities of the real estate were not completed and the acceptance was not passed.
The complex debt situation, intense contradictions, and stalled progress of the project had led to an impasse in implementation. There are more than 1,100 owners like Uncle Liu who have purchased off-plan houses but are unable to go through the property registration procedures.
A real estate certificate is connected to thousands of households at one end, and people's livelihood and well-being at the other end.
In the face of multiple difficulties and obstacles, the Youxi County Court set up a special working group to analyze and judge the case, and took the orderly resumption of work of the Jiahe Garden Project and the completion of fire protection acceptance as the breakthrough point, and in accordance with the overall idea of "actively revitalizing and orderly advancing", it adopted the judicial auction of "disposal according to the status quo", and disposed of 36 residences with clear ownership that had not yet been sold in the Jiahe Garden Community in accordance with the law in August 2020.
"After the proceeds of the judicial auction have paid off the arrears of migrant workers' wages and paid part of the project payment, the court actively coordinated with the creditor to reserve part of the funds for subsequent construction to ensure that the construction of the project can meet the relevant acceptance standards." Li Delin, director of the Youxi County Court Enforcement Bureau, said.
In March 2022, under the overall promotion of the Youxi County Party Committee and the county government, the Jiahe Garden project met the conditions for property rights registration, and more than 500 owners could not wait to go through the real estate property registration procedures.
Linkage between the government and the hospital
It is difficult to crack the defective real estate certificate
After the certification process was initiated, new difficulties also arose. Due to the fact that some houses in Jiahe Garden were involved in third-party creditor's rights and debts, and the land was seized, the 208 households could not be promoted for a long time.
How to solve the problem? The linkage between the government and the hospital is the key. Since this issue involves multi-departmental functions, the Youxi County Court took the initiative to report the progress of the case to the Youxi County Party Committee and the county government, communicated and coordinated to activate the government-court linkage mechanism, and realized the organic connection, benign interaction and efficiency superposition between the administration and the judiciary.
Since the launch of the government-court linkage mechanism, the leaders of the Youxi County Party Committee and the county government have led teams to go to the front line to communicate with the mortgagee and coordinate the issue of land release, and have taken the lead in organizing joint meetings of the county court, the Housing and Urban-Rural Development Bureau, the Natural Resources Bureau and other departments for three times; The Executive Bureau of the Sanming Intermediate People's Court also provided legal guidance and relevant cases for the Youxi County Court on the issue of "whether the buyer purchases the commercial housing built on the mortgaged land and obtains the corresponding land use right at the same time" as a reference.
In July 2024, the Youxi County Court first conducted a quick trial and concluded the enforcement objection lawsuit filed by the first batch of 13 homebuyers, and promptly lifted the seizure of the corresponding land use rights on the basis of effective legal documents. Subsequently, the Youxi County Court adopted a classified review method, and the County Bureau of Natural Resources conducted a preliminary examination of whether the owner met the conditions for applying for a license, advance notice registration, etc., and sent a letter to the court to discuss the unsealing of the commercial housing that met the conditions for unsealing in the preliminary trial, and the Executive Bureau of the County Court unsealed the commercial housing that met the conditions for unsealing through the enforcement procedure according to the evidence presented in the winning case. At present, a total of 97 owners have been assisted to go through the property registration procedures.
So far, all residents in Jiahe Garden Community have met the conditions for property rights registration, and 789 residents have received property ownership certificates.
Source: Sanming Daily (Text: Youxi Reporter Station Luo Cheng Correspondent: Wu Zhiwen Wu Shiyuan)
New Media Editor: Zeng Huihui
First trial: Liu Zhenzhen
Re-examination: Huang Ranran
Final review: Chen Zengwei