Mortgage loan refers to a loan business conducted by mortgage. For example, housing mortgage loan is a personal housing loan business in which buyers use the purchased housing as collateral and the real estate enterprises that purchase the housing provide regular guarantee.
The word "mortgage" was originally a local dialect and was found in Hong Kong, Macao and Taiwan. From the end of 1980s, it gradually appeared in Chinese mainland from south to north.
Except for the China Special Administrative Region, there is no provision on mortgage in the law. Before Hong Kong's return to the motherland, the provisions on mortgage in Hong Kong were broadly defined and narrowly defined.
Mortgage in a broad sense refers to any form of pledge (pledge is the mortgage of movable property) and mortgage; Narrow mortgage refers to transferring the property to the lender's name, and then transferring the property back to the borrower's (mortgagor's) name after the loan is paid off. The mortgage stipulated in the Urban Real Estate Management Law and the Guarantee Law is somewhat different from that in Hong Kong, that is, the definition of mortgage in these two laws is based on the condition of not transferring possession.
2。 "Mortgage" has two meanings: real estate mortgage and installment repayment.
It refers to a loan method in which a bank issues a purchase of owner-occupied housing to a natural person with full capacity for civil conduct, and repays the loan with the property house purchased by him as a mortgage, and repays the principal and interest of the loan on a monthly basis. It is divided into individual housing commercial loans (referred to as commercial loans) and individual housing provident fund loans (referred to as provident fund loans).
Specifically, the mortgage loan refers to the house purchased by the buyer as collateral to obtain a loan from the bank, and the buyer pays the bank in installments according to the repayment method and time limit agreed in the mortgage contract; Banks charge interest at a certain rate. If the lender defaults, the bank has the right to take away the house.
3。 Mortgage can be divided into existing mortgage loans and unfinished mortgage loans.
Mortgage of existing buildings means that borrowers borrow money to buy existing buildings and use the purchased existing buildings as collateral. The mortgage of uncompleted flats is a mortgage loan provided by financial institutions to buyers who purchase uncompleted flats (buildings that are pre-sold in whole, in layers or units before completion) according to the purchase contract, with the borrower's rights as collateral.
2. What are the precautions for personal loan business?
1, read the terms of the contract carefully and know that rights and obligations are the premise. Please read all the terms of the contract carefully before signing it. If in doubt, you should communicate and consult with the bank staff in time to understand the meaning of the contract terms and the rights and obligations you enjoy after signing this contract.
2. The information provided should be true. Obtaining a loan can ensure that the relevant documents and information you submit to the bank must be true, legal and effective. The bank will further verify the identity, repayment ability, personal credit and family financial status of borrowers and their family members according to the application materials provided by customers.
The loan application materials provided are true, legal and effective, which will reduce the problems existing in the material review process and improve the loan review pass rate. ? 3. Choose the repayment method that suits you and reduce the repayment pressure. There are two repayment methods: equal principal and interest repayment method and average capital repayment method. Matching principal and interest repayment method is that the monthly repayment amount (the sum of principal and interest) is fixed, but the monthly repayment amount is more and more, and the interest is less and less; The repayment method of average capital is fixed monthly repayment of principal, but the monthly repayment amount (sum of principal and interest) is getting less and less.
The former is more suitable for customers with stable income, while the latter is more suitable for customers with higher income at present. ? 4. Repay in full and on time to protect credit records? Please repay the loan principal and interest in full and on time according to the contract.
In case of national interest rate adjustment, timely communicate with bank staff the adjusted monthly repayment amount; If you are on a business trip, you should deposit enough money in the passbook in advance; If the entrusted deduction account is frozen, deducted, changed, etc. , you should provide a legal and effective debit account to the bank in time, or make repayment at the business counter designated by the bank in time, so as to avoid bad credit records caused by unsuccessful bank deduction and bring you trouble in handling loans and credit cards in the future. ? 5. If the contact information is changed, please inform the bank to change the mailing address, contact telephone number and other related information in time to keep the communication between the customer and the bank smooth. This is also an important measure to safeguard their legitimate rights and interests. Tips: When making a loan, you need to pay attention to the above matters, so as to improve the loan efficiency, protect your legitimate rights and interests and avoid unnecessary troubles.
3. What are the common credit businesses?
1. working capital loan: a loan granted by a bank to a borrower for normal production and operation turnover or temporary capital requirements.
2. Fixed assets loans: medium and long-term loans granted by banks to borrowers for fixed assets investment projects. 3. Real estate development loan: a kind of fixed asset loan, which is a loan issued by the bank to the borrower for the funds needed in the process of housing construction and land development.
4. Personal housing loans: personal loans issued by banks to borrowers for the purchase and construction of various types of housing within their jurisdiction. 5. Automobile consumption loan: a loan granted by a bank to an individual borrower, who buys a car at a special dealer.
6. Other consumer loans: personal loans issued by banks to borrowers for other large consumption except housing and cars. 7. Bank acceptance of bills of exchange: refers to the bill behavior that the bank, as the drawee, promises to unconditionally pay the payee or holder the amount of the bill on the maturity date of the bill according to the drawer's application.
8. Discounting: refers to a financing behavior that the holder of a bank acceptance bill transfers the unexpired bank acceptance bill to the bank, and the bank pays the holder the balance after deducting the discount interest according to the par value.
4. What is the common sense of borrowing money and loans?
Common sense 1: She signed someone else's IOUs and borrowed money because she signed her name on the IOUs. Ms. Wang, a citizen, is in trouble. She has to bear the guarantee responsibility and return all the loans for others.
At the end of 20 13, Zhang borrowed150,000 yuan from his business partner, Boss Wang, for a rainy day. After the one-year loan expired, Zhang breached the contract for various reasons.
In desperation, at the beginning of this year, Mr. Wang filed an arbitration with the Arbitration Commission, demanding that Zhang and her sister Ms. Wang * * * bear the responsibility of repaying the principal and interest. During the trial, Chen argued that the money was borrowed by her brother and had nothing to do with her. Although the IOU has her own signature, it was when her brother lost contact that Boss Wang asked her to sign it.
After hearing the case, the arbitration tribunal held that the legal creditor's right was protected by law. When the loan expires, Ms. Wang voluntarily signs the debt, which shall be regarded as her recognition of the debt and her willingness to undertake the guarantee responsibility. In the end, the arbitral tribunal supported Wang Boss's arbitration request.
In this regard, the arbitral tribunal reminded the general public not to sign the loan certificate of others, such as IOUs and IOUs, so as not to bear unnecessary civil liabilities. Common sense 2: As long as the debtor is notified in writing, the creditor has the right to transfer the creditor's rights. In daily economic exchanges, some enterprises and individuals generally adopt the method of creditor's rights transfer in order to pay off "triangular debts".
Where the creditor transfers its rights, it shall notify the debtor, but it is not necessary to obtain the consent of the debtor. At the end of last year, Mr. Chen sold his old car to his friend Mr. Zhang at the exchange price of 200 thousand yuan. The two sides agreed in the sales contract to pay off the payment before the end of May this year.
In mid-February this year, when Mr. Chen saw that the stock market was good, he borrowed 200,000 yuan from his friends to speculate in stocks. After repeated urging by Boss Huang, Mr. Chen transferred his creditor's right to Mr. Zhang to Boss Huang because he had no money to return his investment in the stock market.
Immediately, Mr. Chen informed Mr. Zhang in writing about the assignment of creditor's rights and asked Mr. Zhang to pay the money directly to Boss Huang. After the expiration of the payment period, Mr. Huang repeatedly asked Mr. Zhang for repayment. Mr. Zhang said that the car was bought from Mr. Chen, and he only had a contractual relationship with Mr. Chen and refused to give money to Mr. Huang.
After repeated reminders, Mr. Huang applied to the Arbitration Commission for arbitration. The staff of the Arbitration Commission believe that the creditor does not need the debtor's consent to transfer the creditor's rights, but should inform the debtor of the transfer of the creditor's rights. As long as the debtor is notified, it is effective for the debtor.
In this case, Mr. Zhang has the obligation to pay off his debts to Mr. Huang after receiving the notice of assignment of creditor's rights. Finally, the two sides reached a mediation agreement, and Mr. Zhang paid the car money to Boss Huang.
Common sense 3: If the repayment period is stipulated in the IOU, and the loan between relatives and friends has not expired for only two years, the creditor often refuses to urge the debtor because of his feelings, resulting in the maturity of the creditor's rights. Once the expiration date has passed, this IOU is equivalent to waste paper.
Zhang and Mr. Sun have been good friends for many years. 20 1 1 In September, Zhang was short of money and borrowed 50,000 yuan from Mr. Sun, which was agreed to be returned one year later. In a blink of an eye, after the deadline, Zhang didn't mention paying back the money, and Mr. Sun didn't mention it out of affection.
In April this year, Mr. Sun had to ask Zhang for repayment because of the difficulty in capital turnover, but Zhang flatly refused, and he also confidently said that the statute of limitations could not repay. In desperation, Mr. Sun applied to the Arbitration Commission for arbitration.
However, Mr. Sun's request was not supported by the arbitral tribunal. Originally, according to the relevant laws and regulations, if the repayment period is stipulated in the IOU, the creditor shall claim the creditor's right within 2 years from the maturity date of the loan, otherwise the creditor's right will not be protected by law.
At this time, the debt is converted into natural debt, and the creditor can retain the creditor's right only if the debtor pays it voluntarily.
5. What are the principles and precautions of loan?
1, select several banks to compare with each other, and the goods compete with the three banks for customers, so they all have their own loan preferences, and on the basis of state regulations, give borrowers more preferential interest rates or other aspects.
2. Reasonably plan the loan term. Everyone's economic ability, reserve funds and so on are different. In addition, the future development plan is different, and the loan period should be decided according to your own situation.
Because the loan term affects the amount of interest. 3. Different loan methods have different rules. It is necessary to distinguish the main loan forms of banks at present, such as credit, guarantee, mortgage and pledge.
Accordingly, when banks implement the loan interest rate, the floating range of the loan interest rate will be different. It is also a loan with the same application period and the same amount. If you choose the wrong loan form, you may bear more loan interest expenses and let yourself pay more for nothing.
Be careful when signing the contract. Some people think that they have noticed the above points, so they can rest assured when signing the contract. In fact, the last step is to be more cautious.
See every detail of the contract clearly, and the interest rate and term of the loan must be clearly determined in this step. Be careful with loans. Maybe if you grasp the details, you can save yourself a lot of money and be responsible for your future planning.