When buying a house with a loan, you need to sign a mortgage contract. As long as the property buyers buy through mortgage loans, the real estate license will definitely be mortgaged in the bank. Although there are different ways to handle mortgage real estate licenses in different parts of the country, banks are one of the financial institutions, and the money in banks is public deposits. For the sake of loan security, the mortgage property certificate will be placed in the bank.
Legal analysis
The money that buyers borrow from banks is public money, and the collateral is real estate license. To apply for a mortgage loan, a mortgage contract must be signed. Before making a loan, the bank will evaluate the mortgaged property and review all kinds of information of the lender to find out whether the lender has the ability to repay the loan. In order to protect public funds, the real estate license must be mortgaged in the bank. If in the process of mortgage payment, the lender can't afford the mortgage, and the bank's dunning will not help after a period of time. At this time, the bank will auction the property. In order to achieve the purpose of fully recovering the loan and avoiding losses. Only when the real estate owner pays off all the mortgages will the real estate license belong to him. The parties to the mortgage contract and the mortgagee must be the debtors of the main debt contract. Only when there is debt can there be mortgage, and there is no debt and no mortgage. The mortgage contract can be signed before the main debt contract is signed, and the mortgage registration can be carried out before the main debt contract is signed. At this time, the debt does not exist, but the mortgage now exists, which is a temporary separation of debt and mortgage. The mortgagee is a waiting debtor, but the mortgage registration itself does not mean that the mortgagee can only exercise the mortgage right according to the mortgage contract. The exercise of mortgage is conditional on the performance and exercise of debt. Without debt, the mortgage cannot be exercised, and it is necessary for the debtor to become a mortgage contract. The mortgagor of a real estate mortgage contract shall be the land use right holder and the real estate right holder.
legal ground
People's Republic of China (PRC) Civil Code
Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.
How many contracts does the bank mortgage loan give?
At least all bank contracts are in duplicate, and some even have to be in triplicate or even more, so that the relevant departments have a bottom. Of course, I won't give you some power of attorney, and there is only one, that is, two copies are also bank backups. A formal mortgage contract will definitely be given to you, and it must be signed by a complete bank. After you repay the loan or other matters related to the loan or this house, other departments or banks need you to provide the original loan contract. Therefore, the bank will definitely give it to you, and you should give it to you if you don't want it. If it is dropped later, it can also be copied from the bank's backup.
Is there a loan contract for buying a house by loan?
If there is a house purchase loan contract and the borrower applies for a mortgage in the bank, the bank will sign the contract with you after the loan is approved. If the audit fails, there will be no contract.
The processing flow of house purchase loan is:
First, after the borrower buys a house, he prepares the materials and then applies for a loan at a bank outlet;
Two, the bank accepted, to investigate the materials, approval of loans;
Three, approved to sign a loan contract. If the audit fails, the bank will inform the reason;
Four, the borrower for mortgage and other procedures, and then to the bank loan.
1. When can I get the house purchase contract and loan contract?
When buying a house, the purchase contract is usually in quadruplicate, one for the bank to use as a loan, one for the developer, one for the real estate management bureau to register and put on record, and the last one for yourself. You can get it when you sign it.
The loan contract was signed only after the bank loan was approved. The mortgage loan contract is generally handed over by the bank to the developer, and the developer will hand it over to you. According to the progress submitted by the developer, it is related to whether the information you provide is timely.
2. The bank informed me to start repaying the loan. What should I do if I haven't got the loan contract?
Sometimes the loan has come down, and the bank has started to notify the repayment, but the loan contract has not been obtained. At this time, you can take the purchase contract and invoice or receipt to the local real estate administration to check whether it has been filed. If it has been filed, you can start repayment. If not, contact the developer in time, get the contract and put it on record.
Third, banks have started lending. Does it matter if you don't take the loan contract?
After the bank starts lending, it will promptly remind how to repay and how to repay properly. Therefore, as long as the repayment is made in time, it doesn't matter if you can't get it temporarily, but it doesn't mean that you don't need this loan contract. Generally, banks will have backup files. You can contact the relevant personnel of the bank to get them.
4. What if the house loan contract is lost?
1. If you buy an existing house, according to the current regulations in China, the house sales contract must go through the formalities of house transfer registration before it can be effectively established. Without registration, the house sales contract will not take effect and the law will not protect it. Therefore, if the transfer registration procedures have been completed, the hidden danger of accidental loss will be eliminated legally, and only the lost materials need to be reissued.
2. If you buy an auction house without real estate registration, you can go to the real estate management department and land management department of the local people's government (at or above the county level) to inquire. According to the "Measures for the Administration of Urban Commercial Housing Sales", commercial housing belongs to pre-sale.
3. The development and operation enterprise shall sign a pre-sale contract for commercial housing with the purchaser, and the pre-seller shall go through the registration formalities with the above two departments within 30 days from the date of signing the contract. If you have already registered the property rights, you naturally don't have to worry about the hidden dangers caused by the loss of contracts and receipts.
How to write the house mortgage contract?
Mortgagor (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ Mortgagee (hereinafter referred to as Party B): _ _ _ _ _ _ Party A borrows money from Party B, and both parties agree through negotiation that Party A will use all its property (hereinafter referred to as Party A's collateral) as loan collateral, and Party B will provide Party A with the loan amount agreed by both parties. The following agreements are reached on related matters: 1, collateral: 1), property ownership certificate: Tan Fangquan ZiNo. 1 house * * property right certificate: Tan Fang * * Zi No.2), name: 3), location: 4), construction area: square meters; Land area: 25), mortgaged real estate value: 2, mortgage scope: 3, loan amount: RMB (￥). 4. Term of the loan: from (month) to (month). 5. Loan type: 6. Loan purpose: 7. Party A takes its own property as collateral to provide guarantee for Party B, and goes through the mortgage registration formalities at Jianyang Real Estate Management Office after the signing of this contract (that is, goes through the certificate of other rights of the house). Party B will pay all the money to Party A within days after the completion of other rights. 8. Loan interest rate: 9. Repayment method: 10. The mortgage period shall be from the effective date of this contract to the date when Party A completes its performance. 1 1. After the signing of this contract, Party A shall not lease, sell, transfer, remortgage or otherwise dispose of the collateral without the consent of Party B.. During the mortgage period, the collateral is not affected by Party A's bankruptcy, asset division and transfer. If Party B finds that Party A violates this clause, Party B will dispose of the collateral. 12, liability for breach of contract 1). If Party B fails to pay the loan as agreed in the contract due to its own responsibility, thus causing economic losses to Party A, Party B shall be liable for breach of contract. 2) If Party A fails to repay the loan according to the provisions of this contract, Party B has the right to apply to the competent person for auction of collateral to compensate the principal and interest of the loan. If the compensation is insufficient, Party B still has the right to recover from Party A until Party A pays off all the loan principal and interest of Party B. 13. Other matters that both parties think need to be agreed. 14. This contract is made in triplicate, one for Party A, one for Party B and one for the house management office. Date of signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ Tel: Borrower: _ _ _ _ _ _ (unit or individual); Legal Representative: _ _ _ _ _ _ _ Title: Address: _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ Tel: Guarantor: Legal Representative: _ _ _ _ _ _ _ Title: Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 1 The loan type is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ Article 4 The loan interest rate is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.