预购商品房抵押预告登记的法律效力

The Legal Effect of Mortgage Preliminary Registration for Pre- purchasing Commercial House

作为商品房预售的重要配套机制,预购商品房抵押预告登记旨在加强放贷银行的法律地位,但银行对标的物没有优先受偿权。这种预告登记具有弹性架构,随着商品房建设的进度,其义务人会从预购人扩张到开发商,标的物会从预购商品房转变为现房,预购人或开发商处分现房的行为会受影响,从而能保障银行取得房屋抵押权。银行的房屋抵押权顺位基于预购商品房抵押预告登记的时间来定,它优先于之后的预查封登记或查封登记,这体现了保全顺位的效力。

Mortgage preliminary registration is considered as an important supporting mechanism for presale commercial house, which is designed to safeguard the lending bankb legal interest. However, the lending bank has no priority of compensation upon the mortgaged object. With the construction of the commercial house, the obligor of preliminary registration expands from pre - purchaser to developer and the mortgaged object changes from preselling house to ready house. The preliminary registration is a flexible frame that could restrict the pre - purchasers or developers＇dispositive act on ready house. Thus the lending bank could acquire the mortgage right upon the ready house. The sequence of mortgage for lending bank is decided by the time of the mortgage preliminary registration, which is prior to the later pre - sequestration registration and sequestration registration. The effect of mortgage sequence is thereby certified.