在面对商品房预抵押登记时,法院会面对银行及其开发商的双重压力,出现了不同的判决。其中心焦点还是优先受偿权的问题,预抵押登记兼具物权和债权的性质。有的法院支持了银行的优先受偿权,但绝大部分还是对其否认,从法律的解释来说,在处理这类问题时,总体的路径是不过分保护银行的优先受偿权,而是考虑开发商担保责任的有无。 In the face of pre-registration of commercial housing, the court will face the dual pressures of banks and their developers, and different judgments have taken place. Its central focus is still the issue of priority of repayment, pre-mortgage registration both the nature of property rights and claims. Some courts support the banks ’priority of repayment, but the vast majority still denied them. From the perspective of legal interpretation, the overall route in dealing with such issues is not to over-protect banks’ prior claims. However, Is to consider the developer guarantee responsibility.