Recently read a section of the book, are related to real estate management articles, these knowledge to buy a house should have some friends to help, so the excerpt down and share with everyone:

Note: the following is an excerpt from the excerpt, "Mr. Mei on purchase loans and tax practice" one book

One, property buyers in the loan to buy a house, should pay attention to what matters?

Loan to buy a house deposits are generally young office workers of life-saving straw, but the loan is not a trivial matter, should fully consider. Therefore, property buyers in the loan to buy a house, must pay attention to "six do not":

1, do not use provident fund loans for. If the borrower in the loan from the provident fund storage amount used to pay 1629, then your provident fund account balance is zero, so that your provident fund loan amount is zero, which means that you will apply for provident fund loans not to.

2, in the first year don't loan repayment. In accordance with the relevant provisions of the provident fund loans, part of the early repayment should be owing on the loan after the expiry of 1 years, and you should return the amount over 6 month repayment amount.

3, do not forget to find those difficulties owing on the loan bank. When you fall in the borrowing period solvency, and owing on the loan difficulties, not their teeth, the bank can apply to extend the repayment period. For example, the ICBC customers can put forward the application to extend the loan period of ICBC, the bank investigation is true, and no default should be also the loan principal, interest, the bank will extend the loan period before you apply for.

4, after rental housing loans will not forget this obligation. When you have collateral in the loan period rental housing, you must to have collateral facts written to inform the lessee.

Don't forget to cancel the mortgage loans repaid after 5. When you paid all the principal and interest of the loan, loan and mortgage discharge can the bank's real estate he Xiang Quanli proved to the property in the District, county real estate trading center mortgage revocation.

6, don't lose the loan contract and ious. To apply for mortgage loans, the bank loan contract signed with you and I are important legal documents. Since 30 years, the longest period of the loan up to as a borrower, you should take care of your contract and ious.

In addition, property buyers should pay attention to the following risk in mortgage loans:

1, attention should be paid to the loan during performance of the contract, the interest rate will increase with the national interest rate adjustment adjustment to produce risk. For example, the interest rate the borrower in the loan at the lower, their income is still able to bear, if interest rates rise greatly, repayment problems.

2, should pay attention to in the contract the lender will generally require the borrower agreed, a few months or not also amount reaches a certain amount, the lender shall have the right to terminate the contract, recover early all loans or to dispose of the mortgaged property.

Two, property buyers to mortgage banks due for months, will be what the legal consequences?

In recent years, with the flourishing real estate market, a growing number of property buyers to choose the mortgage purchase of housing, but because of inadequate preparation of pre funding and capital budget there are errors, leading to some property buyers can not pay the mortgage bank due for months, and for months with the passage of time will increase. For small property owners, for once broken, not only means that the property will be treated as bad real estate deal, all have paid money will be overdue Shouquweiyaojin and decrease, but also for the personal credit property buyers with not a glorious, after another loan need, will face difficulties.

1, outages will face what legal consequences?

For mortgage property buyers, if for 3 consecutive months, or a year of not timely repayment of 6 months, the bank will be treated as outages, and began collecting telephoned owners, after also issued a "Notice of payment". Those owners who issued a "Notice of payment" is not in the bank after the repayment, or unable to negotiate changes repayment plans and bank owners, banks will be to the courts. When the commercial housing into the proceedings, it may eventually be auctioned off bad assets as a bank, then it means that the owners have to give up the ownership of commercial housing, before all the payment limit may be decreased by Shouquweiyuejin, late fees and.

If banks and developers have signed the "individual housing loan guarantee contract", so once the owners Nadaofangchanzheng before outages, the bank will also prosecute owners and developers to court. If the owners do not take the initiative to fulfill the repayment obligations, the bank will apply to the court for the first from the developer's account on the tab row away. Then, property buyers will be the second face litigation, and that developers in the purchase were passed to repay debt, can sue to the court to apply for property buyers, the purchase of the exercise of the right of recourse against the.

2, default will not be out of the house

May face outages for many people, the most concern is whether banks will once outages immediately repossession? If not be over, could mean that "something" off for? According to the "Supreme People's Court on the civilian implementation of attachment, seizure, freezing property of" the sixth stipulation: "dependency on the person and their families living necessary housing, the people's court may seal, but not auction, sale or pay the debt." This judicial interpretation is the protection of life difficult property buyers, if a family bank mortgage to buy a set of housing, in addition to no other housing, so for once broken, even if the bank wins the lawsuit, according to the provisions of the above explanation, in addition to the arrears households have other income or other property for execution, the court only attachment, freezing of the housing transactions, but not the amount people out of housing, not the housing auction. At the same time, this also means that banks have on the housing mortgage will not be achieved. However, according to the current understanding of the bank is stepping up research on some measures, to prevent some loopholes and malicious default. Therefore, as bank loans, in the implementation of judicial interpretation, can be very strict control of individual housing loans, or require buyers to provide third party guarantee, or require lenders to provide against the risk of other fixed property mortgage.

3, property buyers to mortgage any countermeasures

The bank has received notice from the people, and certainly no ability to continue for the floor, can take some methods will be broken for the loss to a minimum at once. If outages, owners should actively contact with the bank, such as temporary financial difficulties can be taken to reduce the monthly repayment way, extend. In not and bank reached change the repayment plan, may wish to quickly sell the house to the people who had the ability to repay, and the remaining part of the loan by bank mortgage procedures.

Three, in the housing mortgage loan process, property buyers apply for loans are not bank approval, property buyers should bear the liability for breach of contract?

Mortgage purchase as a transaction in the market, of course, has a certain risk. Property buyers in the process to apply for bank mortgage loans, the risk is mainly manifested failed to apply to bank loans and lead to the sale of commercial housing contract cannot bear the liability for breach of contract. Faced with this risk, property buyers should be how to avoid?

In the commercial housing transactions in the practice, the majority of developers in signing with the purchase of mortgage loans will take an oath devoutly commitment is no problem, and the possibility of the risk of property buyers are not aware of the mortgage loan application was not down, and developers on the mortgage loans in the one-sided propaganda and commitment to the property buyers to ignore the risk, this also led to property buyers and developers signed sales contracts are often lack of the risk prevention and avoidance. In fact, applications for the purchase of less than the risk of mortgage loans is a real existence. From a legal perspective, between developers and property buyers in the sales contracts and property buyers and mortgage bank loan contracts are two completely different legal relations, developers and mortgage banks have two different subjects of different interests, property buyers loan application is approved or not, the power in the mortgage bank in the developers, and not. So, once the mortgage banks believe the applicant credit problems, or a bank and the introduction of new restrictive policies, property buyers may not be able to apply for mortgage loans, the risk is objectively appeared. At the same time, commercial housing sales contract clearly agreed payment and payment time limit, the default is the inevitable result of property buyers, property buyers will therefore have to bear the liability for breach of contract.

According to the 2003 enactment of the "Supreme People's Court on the law applicable to a number of commercial housing sale contract dispute cases the interpretation of" twenty-third article: "commercial housing sales contracts, the buyer to guarantee loans payments, not because of one of the parties conclude the commercial housing loan guarantee contract and cause no commercial housing sales contracts continue to perform, the other party may request cancelling the contract and damages. For reasons not attributable to the parties for failing to enter into commercial housing loan guarantee contract and cause no commercial housing sales continue to fulfil the contract, the parties may request cancelling the contract, the Seller shall accept the mortgage principal and interest or refund the deposit to the buyer." The provisions on mortgage loans the consequences of not be clear. Specifically, it contains two meanings: first, not because of a party's reason for mortgage loans, the other party may terminate the contract, and request compensation for breach of contract. For example, if the mortgage bank loan application materials submitted by the property buyers not meet the bank's requirements and shall not be approved, property buyers for mortgage loans cannot lead to contracts of sale and difficult to perform and shall bear the liability for breach of contract. Second, if the loan application process, the change is not attributable to both parties situation occurs, leading to the mortgage contract fails to be concluded, then affect the sale contract, any party may request cancelling the contract, return a house purchase loans and deposits and. For example, in the process of mortgage loan application, because of the financial policy of sudden changes, Bank of China issued the new restrictive lending policies, lead to the original lending requirements with property buyers can not apply for mortgage loans, resulting in the purchase contract can not be fulfilled, is this.

In reality, home buyers are unable to control and grasp to the mortgage bank lending policies and lending standards, risk mortgage loans can not also exist. Given the objective existence of such risks, property buyers in the commercial housing sales contracts signed when he should have to anticipate and prevent full, full consideration of various possibilities, take the initiative into our own hands. Remind property buyers, the best agreement clearly in the relevant provisions of the housing sales contracts, if not approved mortgage loans, property buyers have the right to terminate the contract, and recover the paid 1629 interest and deposit, bear the liability for breach of contract or signed supplementary agreement between the period of payment to pay the balance is not. So, we can more effectively protect the interests of property buyers.