Commercial housing loan conditions

Legal subjectivity:

With the rapid development of the real estate industry, more and more people buy houses. In order to raise enough funds for buying houses, many people choose to borrow money from banks to buy houses. I. Loan conditions for commercial housing (1) The lender has a stable occupation and income, good credit and the ability to repay the loan principal and interest; (2) The lender has signed a legally binding commercial housing sales contract with the developer, and has paid the down payment of 30% or more specified by the bank; (3) The lender agrees to go through the mortgage registration of pre-purchased commercial housing first, and promises to use the purchased house as the loan mortgage, and then go through the mortgage registration formalities after the purchased house is completed and the property right certificate is obtained. Second, the process of prepayment of mortgage (I) The general process of prepayment is as follows: Step 1: First, check the requirements for prepayment in the loan contract and pay attention to whether there is a certain penalty for prepayment. Step 2: Call the loan bank to inquire about the application time of early repayment, reduce the repayment amount and other materials that need to be prepared. Step 3: Submit the repayment application to the relevant departments in person according to the requirements of the bank. Step 4: The borrower takes the relevant documents to the borrowing bank and goes through the relevant formalities of prepayment. Step 5: Submit the prepayment application form and deposit the prepayment in the counter. (2) Liquidated damages will be charged for prepayment. The liquidated damages for prepayment are the same as those stipulated in the contract between the borrower and the lender. Once the borrower pays off all the loans or most of the principal in advance within the specified time, the borrower will pay the liquidated damages. Liquidated damages are generally calculated according to the percentage of the outstanding balance at the time of prepayment (generally 2% to 5%); Or agree on interest for several months. However, the maximum liquidated damages are subject to contract or law. The validity period of liquidated damages usually does not exceed 3 years (some are 5 years). After the validity period, the penalty rate will be cancelled, or gradually reduced, or only 1% of the balance. As long as the annual prepayment does not exceed 20% of the loan balance, there is no need to pay liquidated damages. At present, there are generally two forms for commercial banks to collect liquidated damages for prepayment, one is calculated according to the percentage of unpaid balance during prepayment (generally 2% to 5%), and the other is interest for several months. Third, can commercial loans be directly converted into provident fund loans? Since converting commercial loans into provident fund loans can save a lot of interest money, the "business-to-public" business launched by Chongqing Housing Provident Fund Management Center on the 8 th-mortgage replacement has become one of the most concerned focuses of the public. However, the relevant person in charge of the center stressed yesterday that the current "replacement mortgage loan" can not realize the direct transfer of provident fund and commercial loans. In other words, according to the current situation, the applicant must first pass the audit of the provident fund center, get the loan commitment and sign the contract; After taking this reassurance, the applicant can borrow a sum of money from relatives or guarantee companies, repay the bank's commercial loans, and cancel the mortgage contract with the bank; Then you can mortgage the house to the provident fund center and get a provident fund loan. For banks, the "business-to-public" mortgage is to repay the loan in advance. At present, individual banks in our city have to collect liquidated damages for repaying loans in advance. Taking a 20-year period of 6,543.8+0.5 million yuan as an example, the "cost" of home purchase in osawa is roughly: 80 yuan mortgage fee, and the comprehensive loan insurance premium is about 654.38+0.500 yuan. If you borrow money from relatives and friends to engage in "business-to-business", you may not need to pay interest and so on. Generally speaking, you can deposit 20 thousand. If you find a guarantee company, take the guarantee of 654.38+0.5 million yuan for example, you will have to charge two kinds of fees at one time: one is the capital occupation fee and the risk-taking fee, accounting for 3%-5% (some even higher) of the guarantee amount; The second is 1%- 1.5% service charge. So the one-time cost is at least 5000 yuan. Therefore, for those who want to borrow from guarantee companies or relatives and friends, if the balance of commercial loans is large and the remaining repayment period is long, then "business to public" is more cost-effective.

Legal objectivity:

Article 470 of the Civil Code stipulates that the contents of a contract shall be agreed by the parties, and generally includes the following clauses: (1) the name and domicile of the parties; (2) Subject matter; (3) quantity; (4) quality; (5) Price or remuneration; (6) Time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods for resolving disputes. The parties may conclude a contract by referring to the model texts of various contracts.