Transfer to my sister, and the ownership of the house belongs to my sister. nature
Mortgage housing loan actually refers to the variety of commercial housing that customers already have that can be listed and circulated with mortgage bank loans. Unlike second-hand housing loans and first-hand housing loans, customers already own real estate, not about to own it. Mortgage housing loans need to have clear loan purposes and cannot be used for purposes explicitly prohibited by laws and regulations, such as real estate speculation and stock speculation. It is required that mortgage housing loans should be earmarked for special purposes and be supervised by lenders and regulatory agencies. If violations are found, the bank has the right to recover the loan.
Processing instructions
housing mortgage loan
housing mortgage loan
Housing mortgage loan refers to a loan in which the borrower takes the purchased house and other property with ownership as mortgage or pledge, or a third party provides guarantee for the loan and assumes joint liability. It is a triangular relationship with housing sales contract, housing mortgage agreement and housing mortgage loan contract as the link.
I. Housing requirements
(1) The property right of the house shall be clear, meet the listing and trading conditions stipulated by the state, and can enter the real estate market without any other mortgage;
(two) the age of the house (calculated from the date of completion of the house) and the loan period can not exceed 40 years;
(three) the mortgaged house is not included in the local urban transformation and demolition planning, and there are real estate licenses and land certificates issued by the real estate department and the land management department;
Two. Requirements of the lender
China citizens who have a fixed residence in China, a fixed residence in a local town (or a valid certificate), have full capacity for civil conduct and meet the following conditions may apply for individual comprehensive consumption loans.
1, has a proper occupation and a stable income source, and has the ability to repay the loan principal and interest on schedule;
2. No illegal acts and bad credit records;
3. Being able to provide effective rights pledge guarantee recognized by the bank or legal and effective real estate as mortgage guarantee or a third-party guarantee with compensatory ability;
4. Open a personal settlement account of China Industrial and Commercial Bank, and agree that the bank will deduct the loan principal and interest from its designated personal settlement account;
5. Other conditions stipulated by the bank.
procedure
1. The buyer and the seller sign the house sales contract, and stipulate the down payment, loan and final payment;
2. The purchaser and spouse apply for a loan from the bank, and the seller and spouse are present for confirmation;
3. The bank examines and approves the loan application;
4. The buyer signs a loan and guarantee contract with the bank;
5. The seller transfers the property right of the house to the buyer, and the seller obtains the down payment from the buyer;
6, the buyer and the bank for real estate mortgage registration (or by other natural persons and legal persons to provide phased guarantee for the buyer);
7. The bank issues loans to the seller's account;
8. The buyer and the seller settle the house payment, and the seller obtains the final payment from the buyer;
9. The purchaser takes over the house and repays it on a monthly basis (in the case of installment guarantee, the purchaser and the bank will re-register the house mortgage).
housing mortgage loan
1. Mortgaged real estate is used for operation.
Materials to be prepared: borrower's ID card, household registration book, proof of marital status, original and photocopy of real estate license, bank account, proof of large assets, etc. A copy of the company's business license is stamped with the official seal, the company's articles of association, the company's financial statements for the last 1-3 years, the company's bank flow, and the certification materials used for business or financing purposes.
Amount: For commercial purposes, you can generally apply for 70% of the real estate appraisal value at most.
Interest rate: According to the bank policy and the qualifications of borrowers, the interest rate will rise by more than 20% on the basis of the benchmark interest rate.
Years: generally less than five years.
Second, the mortgaged property is used for personal consumption.
Materials to be prepared: borrower's ID card, household registration book, proof of marital status, original and photocopy of real estate license, bank account, proof of large assets and personal consumption.
Interest rate: When the mortgaged property is used for personal consumption, the benchmark interest rate will generally be implemented or floating 10%.
Years: generally less than 10 years.
3. Mortgaged property is used to purchase commercial housing.
Materials to be prepared: borrower's ID card, household registration book, proof of marital status, original and photocopy of real estate license, bank account, proof of large assets, and contract for purchasing commercial housing.
Four, housing mortgage bank loan procedures:
1. You need to open a current deposit account with a banking institution;
2. Please fill in the loan application form as required, and submit the application form and required materials as instructed by the bank;
3. The bank manager or appointed lawyer will visit you at home to investigate the authenticity, legality and completeness of the information you provide;
4. After the bank has passed the examination and approval, it will inform you of the examination and approval results and sign a loan contract with you;
5. Handle insurance, mortgage registration, notarization and other procedures as appropriate;
6. The bank will directly transfer the loan to the account agreed in the contract;
7. Please repay the principal and interest according to the loan contract.
Five, rural housing mortgage loan procedures:
The application for rural housing mortgage loan shall be submitted by the borrower with rural housing ownership to the financial institution, and the following materials shall be submitted:
(1) Valid identification of the borrower (mortgagor);
(two) the certificate of ownership of the mortgaged house and the corresponding certificate of land use right (including the certificate of collective construction land use right, the same below), and the right subject is consistent;
(3) The written commitment of the mortgagor (* * * owner) on the ownership status, mortgage status and consent to dispose of the collateral;
(4) The mortgagor (* * * someone) promises in writing that after the mortgaged house is disposed of, he/she, his/her dependents and dependents will have a place to live [this promise needs to be signed by the village (community) where the mortgagor is located];
(5) Other materials that financial institutions consider necessary.
Third people's rural housing shall not be used for mortgage loans.
Application material
Real estate license (real estate license and land certificate must be mortgaged to the bank when mortgage the bank loan)
Identity cards of the obligee and his spouse.
Household register of obligee and spouse
Income certificate (this certificate has a great influence on the success and maximum amount of mortgage bank loans. )
If the owner of the real estate license has minor children, please provide birth certificate.
If the property still has a bank loan, please provide the original loan contract and the last bank statement.
In order to improve the pass rate of mortgage loan, please provide other family property certificates (such as other real estate licenses, stocks, funds, cash passbooks, vehicle driving licenses, etc.) as far as possible. )
Application conditions:
1. China (excluding Hong Kong, Macao and Taiwan) citizens, salaried workers aged 18-65 years old, who have worked continuously in their current unit for more than six months (if less than six months, but the work content of this unit is the same as that of the previous unit, and the working years of the previous unit can be accumulated), and business personnel who have worked for more than one year.
2. There are no minors under the age of 18 and no adults over the age of 70 (including 70) among the owners of the mortgaged property.
3. If the house property is mortgaged for the second time, the first mortgagee of the house must be the bank.
4. The borrower needs to own one or more sets of ownership houses (at least one set of ownership houses in this city).
Personal real estate
1, original property certificate, house purchase contract and invoice;
2. Original ID card and household registration book
3. Original spouse ID card/original property owner ID card.
Company real estate
1, original property certificate, state-owned land use right certificate, house purchase contract and invoice.
2. Original legal person identity certificate, legal person power of attorney and agent's ID card.
3. Copy of business license (official seal) and organization code certificate (official seal)
4. Articles of Association, resolutions of shareholders' meeting/resolutions of the board of directors
construction in progress
1, land use certificate
2, construction land planning permit
3, the construction project planning permit
4. Construction permit
5. Business license
6. Pre-sale permit for commercial housing
Loan risk
1. 1 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.
1.2 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.
1.3 business cycle risk
Business cycle risk refers to the risk caused by the periodic fluctuation of the overall level of the national economy. Compared with other industries, the real estate industry is more sensitive to the business cycle. With the economic expansion, the income level of residents has improved, and the market demand for real estate has increased, so it is not a problem to realize the house. Banks and individuals are full of optimistic expectations for the future, and the number of housing mortgage loans issued by banks has also increased dramatically. The economy is depressed, the unemployment rate is rising, the income of residents is sharply reduced, and a large number of loans cannot be repaid. Even if the house has been mortgaged to the bank, it cannot be realized because of the weakness of the real estate industry. At this time, the mortgage risk is transformed into the bad creditor's rights and losses of the bank, and the bank faces a large number of "bad debts", which can easily lead to the credit crisis or even bankruptcy of the bank.
1.4 interest rate risk
Interest rate risk refers to the risk brought by the change of interest rate level to the value of bank assets, which is determined by the capital structure of short-term deposits and long-term loans. Fluctuations in interest rates, whether rising or falling, will bring losses to banks. If the interest rate rises, the interest rate of housing mortgage loans will also increase, which may increase the repayment pressure of borrowers. The higher the loan amount, the longer the loan term and the greater the impact, thus increasing the risk of default. If the interest rate falls, the borrower may borrow from the current capital market or borrow again at a low interest rate to repay the loan in advance, which will bring risks to the bank. The main performance is that the occurrence of early loans makes the cash flow of housing loans uncertain, which brings certain difficulties to the intensive assets and liabilities of banks.
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.
Economic cycle control
The real estate industry is closely related to the economic cycle, and personal housing mortgage loans should be set up.
Loan risk early warning system to prevent market and policy risks.
First, establish a risk early warning database, obtain data from all aspects, continuously accumulate and improve the collection and collation of data, and lay a solid foundation for model development;
The second is to develop a suitable risk early warning model and set reasonable parameters for early warning interval, warning line, index weight and probability density function;
The third is to establish a rapid response and pre-control mechanism, deal with and resolve the potential risks shown by the risk early warning system in time, and minimize the risks brought by the economic cycle to housing mortgage loans.
Interest rate control
In view of the risks brought by interest rate changes, banks can take the following measures:
The first is to develop mortgage loans with adjustable interest rates, whose interest rates are regularly adjusted according to changes in market interest rates. Compared with China's current floating interest rate, the difference is that this periodic interest rate adjustment is helpful to improve the matching of bank deposits and loans, and the risk of interest rate increase borne by banks can be passed on to borrowers, and the risk of interest rate decline borne by borrowers can also be passed on to banks.
The second is to develop fixed interest rate mortgage loan, which refers to the mortgage loan method with fixed loan interest rate within the repayment period agreed in the mortgage loan contract. Under this model, banks bear most of the interest rate risks. If banks can obtain fixed-rate funds (such as issuing fixed-rate bonds) to match loans, they can avoid the corresponding interest rate mismatch and liquidity risk.
conclusion
Housing mortgage involves the interests of buyers, banks and developers. In order to minimize the risk, the preventive measures mentioned above are only part of them, and we should constantly improve them. In short, the three parties should correctly handle the relationship between business development and risk prevention, fully consider risk factors in the design of loan products, strengthen risk control, improve the variety of individual housing mortgage loans, make them suitable for different housing demanders, ensure the safety of housing mortgage loans to the greatest extent, and promote the healthy development of housing mortgage loans.
Term of amount
1, and the highest mortgage rate of commercial housing can reach 70%;
2. The mortgage rate of office buildings and shops can reach up to 60%;
3. The mortgage rate of industrial plants can reach up to 50%;
4. Up to 30 years; Mortgages include shops, offices, houses, villas, factories, warehouses and so on.
Loan process
1. The borrower shall fill in the Application for Mortgage of Residential Houses before lending, and submit the following supporting materials issued by the bank: the borrower's fixed income certificate issued by the borrower's unit; Credit certification documents such as business license and legal person certificate of the loan guarantor; Legal and valid identity certificate of the borrower; The relevant certificate of the ownership of the house or the certificate that I have the right to the house according to law; Appraisal report, appraisal report and insurance documents of mortgaged real estate; Contracts, agreements or other supporting documents for the purchase and construction of houses; Other documents or materials required by the lending bank.
2. The bank examines the borrower's loan application, purchase contract, agreement and related materials.
3. The borrower shall hand over the title certificate, insurance policy or securities of the collateral to the bank for safekeeping.
4. The borrower and the guarantor of both parties sign the housing mortgage loan contract and notarize it.
5. After the loan contract is signed and notarized, the bank's deposits and loans to the borrower are transferred to the selling unit or building unit specified in the purchase contract or agreement.
6 loan settlement, including normal settlement and early settlement.
① Normal settlement: the loan shall be settled on the loan maturity date (one-time repayment of principal and interest) or the last installment (installment repayment);
② Early settlement: Before the maturity date of the loan, the borrower must apply to the bank in advance for partial or full settlement of the loan according to the loan contract, and the bank will repay the loan at the designated accounting counter after it is approved. After the loan is settled, the borrower will retrieve the legal documents and relevant supporting documents extracted by the bank with his valid identity certificate and the loan settlement certificate issued by the bank, and go through the mortgage registration cancellation formalities with the original mortgage registration department with the loan settlement certificate.