To apply for a mortgage in a bank, you need to sign a loan contract. This contract is made in quadruplicate, one for the Buyer and the Seller, one for the Bank and one for the Housing Authority. After you get the contract, you must take good care of it. If you accidentally lose it, you will be in trouble. For example, it may affect the handling of real estate licenses. Let's take a look together.
1. Does the loss of the loan contract affect the real estate license?
Many people think that the real estate license requires a purchase contract, and it doesn't matter if the loan contract is lost, which will not affect the handling of the real estate license.
But don't forget, the house is mortgaged to the bank after the mortgage is completed. After the loan is settled, you need to take the loan contract and other materials to the bank to issue a loan settlement certificate, and then go to the Housing Authority to cancel the mortgage before you can get the real estate license. Therefore, the loss of the loan contract will also have an impact on the handling of the real estate license.
However, if you really lose it, don't worry. Even if others get your loan contract, they can't get the real estate license. After all, the loan contract only contains the loan type, loan currency, loan purpose, loan amount, loan interest rate and so on, and has no direct relationship with the handling of the real estate license. However, the lender had better reissue a copy.
2. How to reissue the loan contract if it is lost?
If you find that the loan contract is lost, you usually need to bring your ID card, house purchase contract and other information to the credit department of the loan bank on weekdays, and ask the loan manager to reissue a copy. Maybe the bank will copy the one they saved to you. Although it is not the original, it has the same legal effect as the original if it is stamped with the seal of the bank.
If the information required by each bank is different, it is recommended to have the phone number of the loan manager, and you can call for consultation first. As can be seen from the above introduction, the importance of the loan contract is self-evident, and everyone should take good care of it to avoid losing it.
3. Sample housing mortgage loan contract
When the house is mortgaged, it is necessary to perform the contract, which is also the basis for protecting the respective rights and interests of both parties. Let's have a look. The following is a sample of personal loan contract compiled by me for your reference only. Welcome to reading.
Sample housing mortgage loan contract 1
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Based on the principles of equality, mutual benefit, honesty and credit, voluntariness and fairness, Party A and Party B have reached this Contract in accordance with the provisions of relevant laws and regulations for mutual compliance:
Article 1 In order to ensure the performance of this contract (hereinafter referred to as the main contract), Party A and Party B reached an agreement on, and the name, quantity and value of the collateral are detailed in Annex I to this contract.
Article 2 The guarantee scope of this mortgage contract is the principal creditor's rights and interest, project funds, liquidated damages and expenses for realizing mortgage rights as agreed in the master contract.
Article 3 Party A and Party B specifically declare that the validity of this contract is independent of the main contract, and the invalidity of the main contract does not affect the validity of this mortgage contract.
Article 4 All expenses related to evaluation, insurance, appraisal, registration and storage under this contract shall be borne by Party A. ..
Article 5 Within days after the signing of this contract, Party A and Party B shall handle the registration formalities of mortgaged property with this contract and a complete set of supporting documents of mortgaged property. Party A also agrees that the land use right and other supporting documents can be kept by Party B after the signing of this contract and before the mortgage registration formalities are completed. ..
Article 6 During the mortgage period, without the written consent of Party B, Party A shall not transfer, lease, sell, re-mortgage, pay off debts, donate or dispose of or transfer the collateral under this contract in any other way. Any losses thus caused to Party B shall be borne by Party A. ..
Article 7 Party A is responsible for paying all taxes and fees related to the collateral. All losses caused to Party B due to Party A's failure to fulfill this obligation shall be borne by Party A..
Article 8 In any of the following circumstances, it shall be handled in accordance with the provisions of the Guarantee Law of People's Republic of China (PRC):
(1) Party A violates Article 6 of the Contract;
(2) Any litigation or arbitration that may adversely affect the collateral occurs.
Article 9 Party A guarantees that the principal creditor's rights, interest, project payment, liquidated damages, etc. agreed in the master contract will be paid first.
Article 10 If the price from the disposal of the mortgaged property is insufficient to pay off, Party B has the right to seek recourse separately.
Article 11 If the amount of mortgaged property exceeds the repayment amount, Party B shall return it to Party A. ..
Article 12 While observing other terms of this contract, Party A also makes the following statements and guarantees:
(1) All information provided by Party B is true and reliable, and there is no forgery or concealment of facts;
(II) During the period of possession of the mortgaged property, Party A shall abide by the management regulations, pay all the management fees of the mortgaged property on time, and ensure that the mortgaged property is not sealed up or subjected to other legal proceedings.
If Party B fails to perform the above responsibilities, it shall compensate the losses caused to Party B;
(III) In case of any lawsuit or arbitration that may adversely affect the collateral, Party A promises to notify Party B in writing within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 13 During the validity of this contract, if Party A is divided or merged, the changed organization shall undertake or undertake the obligations under this contract respectively. When Party A is declared dissolved or bankrupt, Party B has the right to dispose of its collateral under this contract in advance.
Article 14 Cancellation of mortgage right: The debtor of the main contract has paid off his debts in the manner and within the time limit agreed in this contract or paid off his debts in advance, or after Party A and Party B sign the Real Estate Transfer Contract and complete the registration, the mortgage right will be automatically revoked.
Article 15 Under any of the following circumstances, Party B has the right to dispose of the collateral according to law:
(1) After the main debt agreed in the main contract is generated, Party A fails to pay off the debt as agreed in the contract or fails to pay off the debt after the extension period expires.
(2) Party A is declared to be dissolved or bankrupt.
Article 16 A breach of this Agreement constitutes a breach of contract. The breaching party shall be liable for breach of contract and compensate the other party for all actual losses, including but not limited to vested interests, expected interests and all expenses (including attorney's fees) paid for handling this breach of contract.
Article 17 After this contract comes into effect, neither Party A nor Party B may change or terminate this contract without authorization. If it is necessary to change or cancel, both parties shall reach a written agreement through consultation. The terms of this contract are still valid until a written agreement is reached.
Article 18 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If no agreement is reached through negotiation, either party has the right to ask the people about the location of the collateral.
Article 19 For matters not covered in this contract, both parties may sign a supplementary agreement, which has the same legal effect as this contract. The supplementary agreement must be in writing.
Article 20 The annex to this contract is an integral part of this contract and has the same legal effect as this contract.
Article 21 This contract is made in triplicate, one for each party and one for the registration authority, all of which have the same legal effect.
Article 22 This contract shall be established as of the date of signature and seal by both parties, and shall come into effect as of the date of registration by the relevant real estate management department.
Article 23 Annexes to the Contract:
1. List of collateral.
2. Valid certificates of both parties. (including domicile, telephone number, postal code, bank, account number, etc.). )
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Sample 2 of housing mortgage loan contract
Creditor (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Debtor (hereinafter referred to as Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B urgently needs a sum of money to invest in painting glass, and needs to borrow money from Party A. Both parties agree through consultation that Party A will provide Party B with the loan amount agreed by both parties on the condition that Party B takes its real estate license (hereinafter referred to as Party B's collateral) as the loan collateral. Therefore, this contract is specially concluded:
Article 1 loan content
1. Total loan: _ _ _ ten thousand yuan only.
2. Loan purpose: This loan is used for investment in stained glass, not for other illegal purposes.
3. Loan term: one year, that is, from _ _ _ _ to _ _ _ _ _.
4. Loan interest: the monthly interest rate is 2 cents, and the annual interest rate is RMB _ _ _ _ _ _ _.
Party B promises to voluntarily repay the loan principal and interest on schedule within the loan period stipulated in this contract.
Article 2 Guarantees
1. Collateral name: real estate license (certificate number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _)
2. Collateral value: The appraised value of Party B's real estate license is RMB _ _ _ _ _ _ _ _ _.
3. Mortgage term: from the effective date of this loan contract until Party B pays off all the loan principal and interest of Party A related to this contract.
Article 3 Obligations of both parties
(I) Obligations of Party A:
1. Take good care of the mortgage deed handed over by Party B and do not lose or damage it.
2. After Party B pays off the loan at maturity, all the warrants of the collateral shall be returned to Party B..
(II) Obligations of Party B:
1. Take the initiative to repay the principal and interest in strict accordance with the time agreed in the contract.
2. Ensure that the collateral is not affected by Party B's bankruptcy, asset division and transfer during the mortgage period. If Party A finds that Party B's collateral violates this clause, Party A shall notify Party B to immediately correct or terminate the loan under this contract and recover all the loan principal and interest that have been paid.
3. Without the consent of Party A, Party B shall not lease, sell, transfer, remortgage or otherwise dispose of the collateral. ..
Article 4 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 B fails to repay the principal and interest on schedule for more than six months, Party A may also apply to the competent person to auction the collateral to offset the loan principal and interest. If the compensation is insufficient, Party A still has the right to recover from Party B until Party B pays off all the principal and interest of Party A's loan. ..
Article 5 Other provisions
1. Under any of the following circumstances, Party A has the right to terminate this contract and recover the corresponding loan and interest.
(1) The information and materials provided by Party B to Party A are untrue.
(2) Party B is unable to repay the loan principal and interest to Party A due to litigation with a third party.
(3) The total assets of Party B are insufficient to pay its total liabilities.
2. If either party requests to change this contract or a clause in this contract, it shall notify the other party in writing in advance, and the clauses in this contract will remain valid until both parties reach an agreement.
3. The loan vouchers provided by Party A and Party B and other written materials related to this contract constitute an integral part of this contract and have the same legal effect as this contract.
Article 6 Settlement of disputes
This contract shall comply with the laws and regulations of People's Republic of China (PRC). In case of any dispute:
1. The dispute shall be settled by both parties through consultation.
2. If negotiation fails, please ask relevant departments for mediation.
3. If mediation fails, appeal to the local people.
This contract will come into effect on. This contract is made in duplicate, each party holds one copy, and the contract text has the same legal effect.
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Sample of housing mortgage loan contract 3
Mortgagor (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mortgagee (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative: In order to ensure the performance of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
When Party A mortgages the house to Party B, the land use right of the occupied area of the house shall be mortgaged to Party B together.
Based on the principle of equality and voluntariness, both parties agree to sign this contract on the following real estate mortgage matters for mutual compliance.
Article 1 The property used as collateral by Party A is located in _ _ _ _ _ _ _ _ _ _ _
Article 2 According to this contract, Party A and Party B confirm that the debtor is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; The mortgage term is _ _ _ _ _ _ _ _ _ _ _ _ _ years, and the mortgage term is _ _ _ _ _ _ _ _ years.
Article 3 Party A shall pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ interest (annual interest rate) to Party B every month, and shall not default.
Article 4 During the validity of this contract, Party A shall not sell or give away the mortgaged property; Party A shall obtain the written consent of Party B if it moves, leases, transfers, remortgages or transfers the mortgaged property under this Contract in any other way. ..
Article 5 After this contract comes into effect, if Party A needs to extend the loan term under this contract or change other terms of this contract, it shall obtain Party B's consent and reach a written agreement.
Article 6 Under any of the following circumstances, Party B has the right to dispose of the mortgaged property according to law:
1. The repayment period agreed in this contract has expired, but the debtor fails to repay the loan principal and interest as agreed or cannot repay the loan principal and interest after the extension.
2. The debtor dies, and there is no successor to perform the contract, or the successor abandons the inheritance.
3. The debtor is declared to be dissolved and bankrupt.
Article 7 Cancellation of mortgage right: If the debtor of this contract repays the loan principal and interest within the time limit agreed in this contract or repays the loan principal and interest in advance, Party B shall assist Party A to cancel the mortgage registration.
Article 8 After this contract comes into effect, neither party may change or terminate the contract without authorization. When it is necessary to modify or terminate the contract, both parties shall reach a written agreement through consultation. Before reaching an agreement, the terms of this contract are still valid.
Article 9 Liability for breach of contract
1. According to Article 4 of this contract, if the mortgaged property kept by Party A is damaged due to improper keeping, Party B has the right to demand that the property be restored to its original state, or provide new mortgaged property recognized by Party B, or recover the loan principal and interest under this contract in advance.
2. Party A's unauthorized disposition of mortgaged property in violation of Article 4 is invalid. Party B may request Party A to restore the original state of the mortgaged property or recover the loan principal and interest under this contract in advance. And may require Party A to pay _ _ _ _ _ _ _ _ _ _ dollars.
3. If Party A conceals the existence, disputes, sealing-up, seizure and mortgage of the mortgaged property, causing economic losses to Party B, it shall make compensation.
4. If either party violates Article 8, it shall pay _ _ _ _ _ _ _ _ USD to the other party.
5. The payment methods of liquidated damages listed in this article are as follows:
____________________________________________。
Article 10 Settlement of Disputes: Any disputes arising from the performance of this Contract by Party A and Party B shall be settled through negotiation. If negotiation fails, you can ask the local people.
Article 11 This contract shall be signed by both parties and shall come into effect as of the date of signing.
Article 12 This contract is made in duplicate, with each party holding one copy.
Party A (signature): _ _ _ _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Three related articles on the sample of housing mortgage loan contract;
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★ 3 simple individual housing mortgage contract templates
★ 4 Model real estate mortgage loan contract.
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How to write the custody contract of housing loan and real estate license?
Real estate trusteeship agreement
The amount of real estate mortgage loan is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (the amount is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Provide two sets of residence certificates and keep them with the lender. Details of the property are as follows:
Address: _ _ _ _ _ _ _ _ _ _ _ _ Room number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ensure that during the loan period of the master contract, no transaction will be made on the property kept by the lender, and no loss reporting, re-signing and other acts will be carried out on the real estate license; Ensure that the property does not have any defects in rights and there are no defects when it is delivered to the lender; 4 The property does not belong to * * *, or although it belongs to * * *, it has obtained the written consent of * * for mortgage.
Property owner:
Property owner: signature of the lender:
Date of signing: Date of signing:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Provide two sets of residence certificates and keep them with the lender. Details of the property are as follows:
Address: _ _ _ _ _ _ _ _ _ _ _ _ Room number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ensure that during the loan period of the master contract, no transaction will be made on the property kept by the lender, and no loss reporting, re-signing and other acts will be carried out on the real estate license; Ensure that the property does not have any defects in rights and there are no defects when it is delivered to the lender; 4 The property does not belong to * * *, or although it belongs to * * *, it has obtained the written consent of * * for mortgage.
Property owner:
Property owner: signature of the lender:
Date of signing: Date of signing:
What should I do if the real estate license loan contract is lost? These materials need to be prepared.
Now many people borrow money to buy a house. The house was mortgaged to the bank before the mortgage was paid off. After the loan is settled, you need to take the loan contract to the bank to issue a loan settlement certificate, and then go to the housing management office to cancel the mortgage before you can apply for the real estate license. Moreover, many friends did not keep the loan contract well and accidentally lost it. How to apply for real estate license in this situation? Let's have a look.
1. What's the use of a loan contract?
The contents of the mortgage contract include the provident fund loan contract, mainly including: personal information, loan amount, loan purpose, loan term, loan interest rate, self-raised funds deposited, loan issuance method, loan repayment method, loan guarantee, contract notarization, contract modification and dissolution, rights and obligations of both parties, liability for breach of contract, contract dispute resolution and other agreed matters.
From the content point of view, the loan contract seems to have nothing to do with the handling of the real estate license, but only the proof of the loan relationship between the two banks. But don't forget that the premise of handling the real estate license is to settle the loan, and the bank needs to use the loan contract when issuing the loan settlement certificate.
2. What if the loan contract is lost?
Go to the credit department of the bank to reissue a loan contract first. The general bank will copy the saved copy to the borrower. The copy shall be sealed by the bank and have the same effect as the original. Then, according to the following steps for real estate license:
1) Submit the purchase contract, loan contract and loan repayment record to the repayment bank to issue a certificate that the loan has been paid off;
2) Bring the certificate issued by the bank, the original property right certificate, the certificate of other rights of the house, the purchase contract, the loan contract, the property owner's ID card, the household registration book and other materials to the real estate transaction department to handle the replacement business.
3) Under normal circumstances, you can get a new real estate license in about 7 working days.
What should I do if the loan contract is filed with the real estate bureau when I apply for the real estate license?
1. Generally, there are three purchase contracts, two originals and one copy. The original is yours and the developer's, and the copy is needed for the real estate license. For your loan, the bank will pledge your original contract before the real estate license comes down. If you repay the loan at this time, the bank will return the contract to you and issue a settlement certificate for you. 3. For general loans, the bank will ask the real estate license agent to ensure that he can get the real estate license or get the real estate license for mortgage registration. 4. Apply for the real estate license, and the Housing Authority will leave a copy of the original inspection, so there is only one original contract left after the real estate license is completed. Now that the mortgage registration is completed, the bank will return the real estate license contract to you. (Of course, if your bank doesn't register as a mortgage, you have to pledge the original property certificate. )