Grassroots lawyers also have spring

Chapter 660 The Great Wisdom
"There is no problem with your legal commissioner saying that 'buying and selling does not break the lease', but the key point is that there is a difference in whether the lease contract is signed before or after the real estate mortgage is handled.

According to the relevant regulations of the "Supreme People's Court's Provisions on the Auction and Sale of Property in the Civil Execution of the People's Court", the registered mortgaged property lease does not apply to the rule of "buy and sell without breaking the lease". The mortgage of the shop is superior to the lease. After the mortgage is realized, The lease contract is not binding on the buyer.

That is to say, the lease contract signed after the mortgage of the real estate under your company's name is invalid to the new owner who obtained the real estate through auction.

If your company does not repay the loan, what is the use of us signing a contract with you? "Wang Chuan smiled helplessly.

"Oh, that's right! I said that I have talked about several big companies recently, but I don't believe it." Li Zongru was enlightened, and he slapped his head and said: "There are so many ways in here!

Lawyer Wang, I think you are very familiar with this matter, can you help us solve it!The cost is easy to say. "

Mr. Li knew it was a bit abrupt to ask, but the company is in a mess right now, he still has some shares in the company, and he doesn't want to see the company go down like this, and the house auction has no one to take over because of the tenants, it's difficult!

He also asked a few lawyers before, but everyone had no good solution. After all, the loan procedures are complete and there is a judgment. If there is no money, no one can do anything.

Now several shareholders of the company are almost bewildered, looking for funds everywhere.In fact, shareholders don't need to be so anxious. After all, the company is a company, and shareholders are shareholders. As long as the shareholders' capital contributions are in place, there is no need to worry about the company's debts.

However, the major shareholder of this company is a group company. Whether it is the group company or other shareholders of this company, the capital contribution was false. If the accounts are checked, the bottoms of several shareholders are not clean.

The actual controller of the group company took advantage of this to threaten other shareholders to find money everywhere and try to repay their debts.

The registered capital of the company that Mr. Li invests in and manages is 5000 million. Mr. Li regrets it!If I had known today, the company's registered capital should have been less, 10 yuan. In that case, even if shareholders were required to actually contribute capital, it would only be an expensive meal, and it would not hurt the bones.

"Mr. Li, what do you think now? Should this property be insured?" Wang Chuan thought for a while.

"The company I'm in charge of only has one bank loan. The company repaid part of it at the beginning, and now the principal and interest are still about 8000 million.

It’s best to keep it, and it’s fine if you can’t pay off the loan, as long as you can settle the debts of the company I manage, and other debts have nothing to do with me. "Mr. Li said.

"Well, let me think about it. If I can come up with a solution, I will contact you. Here is my business card. By the way, besides the eighth and ninth floors, does your company have other properties?" Wang Chuan asked road.

"No! It would be great if I had other properties, so they won't be seized and auctioned off!" Mr. Li said with a wry smile.

Leaving the office building, Wang Chuan felt that Mr. Li could give it a try. Even if he was unsuccessful, he would not spend too much time and energy. The reason why he thought so was because he saw the name of the creditor's bank, which was Ouyang Qiao's bank. .Ouyang Qiao might have a solution for this.

After returning home, Wang Chuan called Ouyang Qiao, briefly talked about Li's head office, and invited him to dinner.

On Friday night, Wang Chuan met Ouyang Qiao in the private room of Meizhou Dongpo Restaurant.

"Junior Brother, do you want to win the foreclosure?" Ouyang Qiao said with a smile.

"I would like to, but how can I have so much money? Even if the first and second auctions fail, I can't afford the two-story property of more than 4000 square meters held by that company. Besides, the Gongzhufen business district Even if it is cheap, it will cost hundreds of millions!" Wang Chuan shook his head and laughed.

"Well, that's true.

After a foreclosure auction fails, a second auction will be held. Usually, the second auction price is 80% off the first auction price. Of course, there are special starting prices that are [-]% off the first auction price. If the first auction price is [-]% off , then the price of the second auction is [-]% off X[-]% = [-]% off.

At present, the price of commercial housing at Gongzhufen is about [-] to [-] yuan per square meter, and more than [-] million yuan for [-] square meters.It's not a small sum! "Ouyang Qiao took out his mobile phone and said.

"That's right, so I want to ask you, senior brother, to see if there is any other way. We also do business." Wang Chuan said with a smile.

"After you told me about this, I went to the president of the Haidian branch to find out about the debt. Our business is not as rigid as a big state-owned bank, but the value of the collateral on the imperial capital is very high. Under normal circumstances, it is not feasible to sell the debt at a low price.

However, our bank has been engaged in this debt for more than a year, and at the end of the year, all sub-branches are evaluating their performance and are eager to dispose of non-performing assets.

Let me give you an idea, you can find some funds to eat up the debt, and then talk to the other party. If you talk about it, you can talk about it. If you don’t talk about it, the bank will give you a discount. earned. " Ouyang Qiao said.

"But the problem now is that the real estate cannot be auctioned, and there are many tenants in it, and they are all on long-term leases of eight or ten years. If you buy it for your own use, you can't clear the tenants; let's collect the rent. It's relatively low, so I'm afraid it's not easy to shoot this room!" Wang Chuan said.

"So you want to pull the owner to do it together?" Ouyang Qiao smiled.

Wang Chuan nodded without speaking.

"Well, this matter is indeed a bit weird. Generally speaking, no one rents a house for such a long time. Generally, three or five years is considered a long time.

Even for long-term leases, the lessor will generally consider the depreciation of rent and the increase in surrounding rental prices, and agree to increase the rent by a few percent every few years.There is no such thing as renting for ten years without changing the rent.Unless..." Ouyang Qiao narrowed his eyes and said.

"Unless this is a game that the owner made himself!" Wang Chuan said.

He had thought about this problem before, and now that Ouyang Qiao said this, he felt that Mr. Li was not simple. On the surface, Mr. Li seemed to know nothing, but in fact he was not. This is great wisdom and foolishness!
"So I suggest that you be more cautious when dealing with this company. There must be someone behind him who will trick him." Ouyang Qiao said.

"Well, thank you, brother. I'll think about it again and see how to get it right." Wang Chuan said.

"If you want to do it, you should do it as soon as possible. It's better not to pass December, otherwise the bank will not have performance pressure, and this matter will not be easy to operate." Ouyang Qiao said.

Wang Chuan nodded.

(End of this chapter)