Do relatives need an intermediary to testify when they borrow money to buy a house?
Mr. Wang lives in a neighborhood near Huxi Road. Because he and his wife are busy at work, his parents moved to a family of five to take care of their children. On the 3rd, Mr. Wang's cousin Mr. Liu came to visit with a gift. After a few pleasantries, he explained his purpose.
"Brother, I bought a new house. When applying for a loan, the bank asked a relative living in the city to come forward and bring me the household registration book, ID card and real estate license to prove it. Can you help me? " Mr. Liu said that he sold an old house under his name to pay the down payment for this new house, but he didn't expect to have trouble applying for a loan.
"What should I do if I provide proof? Do you want me to be your loan guarantor? " Mr. Wang is puzzled. "This is not a guarantor, this is testimony. The bank just looks at your real estate license and returns it to you on the spot, which will not affect you. " Mr. Liu said.
Although Mr. Liu repeatedly explained, this request was resolutely opposed by Mr. Wang's parents and lover, and the family even quarreled about it.
The bank said that only employment loans involved mortgage loans.
For this matter, Mr. Wang calmed down and thought he had doubts. Why does his cousin have to look at the third party's real estate license, household registration book and ID card to apply for a loan to buy a house from the bank?
On 3rd 14: 30, the reporter consulted the staff of the loan department of People's Square Sub-branch of a commercial bank in our city.
"The application materials to be submitted for applying for a house loan include: ID card, household registration book or valid residence certificate of the borrower and spouse, residence address certificate, marital status certificate, and proof of the borrower's spouse's commitment to repayment." The staff said that if there is no house sales relationship between Mr. Wang and Mr. Liu, there is no need to show their own real estate license and other certificates. "If Mr. Liu is applying for an employment loan, he needs a guarantor and a mortgage real estate license."
If the borrower fails to pay back the money or the house is sold
The reporter consulted Jing Wong, a lawyer of Jilin Liangzhi Law Firm. "If Mr. Liu uses Mr. Wang's real estate license as a mortgage loan and fails to repay it at maturity, then the bank can exercise the mortgage." Jing Wong pointed out that mortgaging one's own house to others needs to be made clear by the owner of the house. Mortgaging means that the debtor or the third party does not transfer the possession of the property and takes the property as the guarantee of creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount or give priority to the payment from the auction or sale of the property. At this time, the owner of the house lost the ownership of the house because the creditor exercised the mortgage. Although the house owner can claim compensation from the debtor after the debtor fails to perform the repayment obligation and his house is given priority, the debtor's repayment ability cannot be guaranteed unless the house owner asks the debtor to provide mortgage or guarantee (preferably joint guarantee) before registering the mortgage for the debtor to safeguard his legitimate rights and interests.
"My cousin seems to have concealed the purpose of the loan and the real estate license from me, and the real estate license and other documents are not just as simple as' taking a look'." Mr. Wang said.
Mortgage loan of real estate license refers to a way for borrowers to apply for loans from banks and other financial institutions with their own or third-party real estate licenses as collateral. Due to the high credit of collateral, this loan method can quickly obtain loan credit in banks, and the loan amount is also rising from the value of real estate. Especially compared with other unsecured or mortgaged loan methods, the mortgage interest rate of real estate license is usually much lower, and the success rate of obtaining loans is also higher.
Loan risk
default risk
The risk of default includes compulsory default and rational default. Compulsory breach of contract refers to the passive behavior of the borrower, and the theory of ability to pay holds that compulsory breach of contract is caused by insufficient ability to pay. This shows that the borrower has the willingness to repay, but has no ability to repay. Rational breach of contract refers to the borrower's active breach of contract. According to the equity theory, in a perfect capital market, the borrower can only make a decision whether to breach the contract by comparing the unique rights and interests in his house with the size of mortgage debt. When the real estate market price rises, the borrower can transfer the house to pay off the loan, recover the cost and get a certain profit; When the real estate market price drops, in order to pass on the loss, even if he has the ability to repay, the borrower voluntarily defaults and refuses to repay.
liquidity risk
Liquidity risk refers to the risk that short-term deposits and long-term loans are difficult to realize, and liquidity is an important principle for banks to ensure asset quality. Today, liquidity risk is reflected in two aspects. First, at present, China's housing loans mainly come from provident fund and savings deposits. Savings deposits absorbed by banks belong to short-term deposits, generally only three to five years, while housing mortgage loans belong to long-term loans. This short-term deposit and long-term loan behavior makes the liquidity of banks very low, which in turn brings liquidity risks. Second, the assets and creditor's rights held by banks are not easy to be realized, which easily leads to liquidity risk. In this way, banks may lose more favorable investment opportunities in the financial market and increase the losses caused by opportunity costs.
Stay alert
In view of these risks mentioned above, this paper puts forward some preventive measures from the following angles to minimize the risks brought by mortgage loans while effectively serving the people.
Default risk control
In view of the possibility of default by buyers, we should start with the following two points: First, after receiving the loan application from buyers, banks need to conduct a detailed investigation on the basic situation of buyers (such as income, assets and liabilities, the proportion of monthly payment to family income, the purpose of buying houses, etc.). ), and decide whether to lend and draw up the contract terms according to the survey results. The second is to review the credit of buyers. Audit indicators mainly include: total household income and savings certificate of buyers: family population, per capita monthly income; The ratio of monthly payment to monthly income.
Liquidity control
Housing mortgage loans have a long term, and the main sources of funds for loans are bank deposits and housing provident fund, and bank deposits have been in a basically stable state. However, the existing housing provident fund system still needs to be improved. Such as low coverage. According to the data of the Ministry of Construction, the number of employees who actually paid the provident fund in 2007 was only 7 1 879654,38+0,000; There is a phenomenon that the provident fund should be built instead of built. For example, some private enterprises have not yet established a housing provident fund system; The accumulation of provident fund is small and its popularity is not wide. In view of these problems, we should start to improve the housing provident fund system, so that the housing provident fund can effectively meet the housing financing needs of consumers and reduce the liquidity risk.
(The above answers were published on 20 17-03-07. Please refer to the current actual purchase policy. )
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