The purchase of commercial housing mortgage related problems

One, the commercial housing mortgage loans and conditions

The town residents to support the purchase of ordinary housing, standardize the management of individual housing loans, safeguard the legitimate rights and interests of both lending, according to "people's Republic of China Commercial Bank Law", "guarantee law of the PRC" and "general loans", the people's Bank of China formulated and promulgated "individual housing loans management approach".

According to the approach, the loan object should be the natural person with full capacity for civil conduct. The borrower shall also meet the following conditions: a town resident accounts or valid residency; a stable occupation and income, good credit, have the ability to repay the loan principal and interest; a housing contract or purchase agreement; do not enjoy housing subsidies to not less than 30% of the purchase of housing full price as down payment purchase; enjoy purchase subsidies to individuals as part of the 30% down payment purchase; a lender approved assets as collateral or pledge, or adequate compensation to the unit or individual capacity as a guarantor; other conditions provided by the lender.

The borrower shall provide the following information to the lender: identity documents (identity cards to residents, the accounts and other valid residence permit); prove the economic stability of family income borrowers; in accordance with the provisions of the purchase of housing contracts of intent, agreements or other documents of ratification; collateral or qualitative inventories, and a decentralized authority proved agreed that the collateral or pledge; collateral valuation certificate issued by relevant authorities; the guarantor agreed to provide a written guarantee and the guarantor credit certificate; apply for housing provident fund loans, requires a certificate was issued by the housing provident fund management department; lenders are required to provide documents or other information.

Two, the commercial housing mortgage loan program

The borrower shall apply for loans directly to the lender. Lender loan applications received since and meet the requirements of information date, should be a formal reply within three weeks the borrower. The lender consent after examination, in accordance with the relevant provisions of the "loan general", to borrowers of housing loans.

Borrowers loan amount is not more than, real estate assessment agencies to assess the proposed purchase of housing value. For the use of housing provident fund loans to buy housing, in the loan approval, according to the loan contract agreed time, by the lender to transfer funds will be transferred to units opened in the bank account. The maximum amount of housing provident fund loans shall not exceed 2 times the debt retirement age as their family members housing provident fund amount.

Three, the purchase of commercial housing mortgage loans, mortgage, pledge and guarantee

(a) the purchase of commercial housing mortgage loan

Loan collateral shall comply with the provisions of the people's Republic of China "guarantee law" article thirty-fourth. "PRC security law" provisions of article thirty-seventh shall not be mortgaged property, shall not be used for mortgage loans. Borrowers to purchase their own housing as collateral loans, housing must be for the full value of mortgage loans. To the real estate as the mortgage, the mortgagor and mortgagee should sign a written pledge contract, and on loan to the local people's governments at or above the county level departments for mortgage registration. The content of mortgage contract "of the people's Republic of China in accordance with the provisions of the guarantee law" article thirty-ninth determination.

A man keep on the mortgaged property in the mortgage period must, repair, maintenance, has the responsibility to ensure intact, and ready to accept the supervision and inspection of the loan ". To set collateral, the collateral before the expiration date, the lenders will be allowed to dispose of. Mortgage period, without the consent of the lender, the mortgagor may mortgage collateral or leased again, transfer, sale, gift.

The mortgage contract shall come into force as of the date of registration of the mortgaged property, stop to repay the loan a borrower repaid all. Mortgage termination of the contract, the parties shall, according to the contract, rescission right of mortgage set. To real estate as collateral, the collateral rights, should go to handle the mortgage write off registration the registration department.

To the property as collateral, borrowers will be required to complete the contract before the housing lenders charge related to insurance or insurance procedures. Mortgage period, the insurance policy maintained by the lender. Mortgage period, the borrower shall not be interrupted or cancelled for any reason insurance; during the period of insurance, such as occurred outside the insurance coverage for damage to the borrower's fault, by the borrower bear full responsibility.

(two) the purchase of commercial housing mortgage loans mortgage and guarantee

To take a pledge form, quality and zhiquanren must sign a written pledge contract, the provisions of the "PRC security law" requires registration, it shall go through the formalities of registration. To set quality materials, in the pledge before the expiration date, the lenders will be allowed to dispose of. During the period of pledge, pledge and any damage, loss, the lender shall bear the responsibility for compensation.

Borrowers can not provide full collateral (pledge), should have a lender approved third party shall bear joint and several liability guarantee. That is a legal person, must have the ability to repay the loan principal and interest on behalf of all, and in the bank to open a savings account. That is a natural person, must have a fixed source of income, with adequate compensatory capacity, and loans in the banks have a certain amount of margin.

The guarantor and the creditor shall enter into a written guarantee contract. The guarantor is changed, the change shall be in accordance with the provisions of security procedures, is not approved by the lender, the guarantee contract may not be revoked.

Four, the purchase of commercial housing mortgage loan collateral or pledge

Borrowers in repayment period dead, missing or incapacitated without heirs or legatee, or his legal heir, legatee refuse to perform a contract for loan of money, the lender shall have the right in accordance with the "Regulations of the people's Republic of China Security Law" punishment collateral or qualitative. Dispose of collateral or qualitative, its price is insufficient to repay the loan principal and interest, the lender shall have the right to recourse against the debtor; its price exceeds the lender should repay part, shall be returned to the mortgagor or pledgor.

The auction of state-owned land use rights transfer price, in accordance with the law to pay the equivalent should pay the leasing of land use rights of the payment, the mortgagee shall have the priority of compensation. Loan contract dispute, both sides should solve lending, the consultation fails, either party may apply for arbitration or bring a lawsuit to the people's court. The borrower is under any of the following circumstances, the lender in accordance with the relevant provisions of the people's Bank Chinese "loan general", to the borrower for breach of responsibility: the borrower fails to repay the principal and interest of loans; the borrower to provide false documents or information, has been or is likely to cause loss of loans; without the consent of the lender, the borrower will set mortgage or pledge of property the sale, transfer, or interest, gift or duplicate collateral; the borrower arbitrarily change the use of the loans, misappropriation of Loan Borrower Lender; refusing or obstructing the supervising and checking of loans; the borrower signed contract or agreement lossy lender rights and other legal or economic organization guarantee contract; breach of warranty or loss bear joint and several liability ability, collateral due to accidental damage is not enough to pay off the principal and interest of the loan, the lender matter to reduce the realization of the right of pledge, and the borrower fails to implement the requirements of the new guarantee or mortgage (pledge).

Five, the purchase of commercial housing mortgage loan contract alteration and termination

The loan contract needs changes, must be approved by the loan agreement signed an agreement to change, and in accordance with the law. The death of the borrower, the declaration of a missing or lost the capacity for civil conduct, the property of lawful successor to continue to fulfill the borrower signed the loan contract. Ensure people lost guaranty qualifications and ability, or a merger, division or bankruptcy, the borrower should change the guarantee and re guarantee procedure shall be.

The mortgagor or pledgor pursuant to the provisions of the contract after the reimbursement of all loans, mortgage or pledge to return the mortgagor or pledgor, loan contract terminated.

Lan Liyan lawyerBeijing city in the news law firm

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