The house has been sealed, can I still use the real estate certificate to get a loan?
The house has been sealed and cannot be used for bank loans.
To obtain a bank loan, the house must be mortgaged. Since the house has been sealed, it cannot be mortgaged.
Can I apply for a mortgage loan after the sealing of houses in Shenzhen is lifted? Depends on credit standing? Do you know?
Can I apply for a mortgage for a sealed house in Shenzhen? Depends on the credit report. When the sealed properties in Shenzhen are unblocked, they can solve the problem of seizure by advancing a bridge loan to redeem the property. After the sealed property is unsealed, it becomes a normal property and is eligible for mortgage. When applying for a mortgage loan, the bank needs to review the mortgagor's credit.
Can I report the seizure of a house mortgage loan?
Yes.
You cannot apply for a mortgage loan for a house that has been seized according to law, and the bank will not give you a loan. You can't even sell it, nor can a third party acquire it in good faith. If you find a mortgage that has been seized, you can report it.
Real estate seizure means that the plaintiff applies for seizure during the litigation and seizes the property in the name of the defendant through judicial channels. After the property is seized, it cannot go through transfer, mortgage and other procedures, but it can still continue to live in . After the seizure, the defendant can still live in the house, but cannot transfer it, which means that the rights to the house have been restricted and cannot be transferred or donated to others.
Can a frozen house be mortgaged?
Frozen houses cannot be mortgaged. Property that has been seized, detained, or supervised in accordance with the law cannot be mortgaged.
Legal Analysis
Seizure refers to the act in which state agencies have the right to seize and restrict the disposition of movable, immovable and other property rights of citizens, legal persons or other organizations. The seizure of a transaction house refers to a situation where the house is seized by state agencies before or during the transaction, resulting in the transfer of the house being restricted.
There are several reasons why a property is seized:
1. The mortgagor is internally inconsistent, or is actually the mortgage guarantor, causing the mortgagee to worry about the repayment of the property, thus leading to the seizure House;
2. The mortgagor delayed repayment, causing the property to be seized;
3. Multiple people **** the house, the value of the house is not enough to divide, and the property owner is worried about the payment of the house Seizure is imposed upon return;
4. Unsecured loans are seized for the first time, causing dominoes;
5. Criminal cases are seized, causing houses to be seized;
6. Not understanding financial products and losing refinancing opportunities;
7. Buying and selling other debts resulting in seizure;
8. Seizing divorce cases resulting in seizure.
Bank loan requirements for houses:
1. The property rights of the house should be clear, comply with the listing and trading conditions stipulated by the state (houses that have been sealed and frozen cannot be traded), and enter the real estate market. Make any other mortgage;
2. The sum of the age of the house (calculated from the date of completion of the house) and the loan term cannot exceed 40 years;
3. The mortgaged house is not listed in the local city The renovation plan shall have a real estate certificate and land certificate issued by the real estate and land management departments.
Legal Basis
Article 399 of the "**** of the People's Republic of China" and the "National Code" stipulate that the following properties shall not be mortgaged: (1) Land ownership; (2) The use rights of collectively owned land such as homesteads, private land, private hills, etc., except those that can be mortgaged by law; (3) Educational facilities of schools, kindergartens, medical and health institutions, and other public welfare establishments of non-profit legal persons Medical and health institutions and other public welfare facilities; (4) Properties whose ownership and use rights are unknown or in dispute; (5) properties that have been sealed up, detained, and supervised in accordance with the law; (6) other properties that are not allowed to be mortgaged according to laws and administrative regulations.
After the house is seized, can I still apply for a loan at the bank?
After the house is seized, the property cannot be applied for a mortgage loan at the bank.
Loan application based on Article 25 of the "General Rules for Loans". If a borrower needs a loan, he or she shall apply directly to the sponsoring bank or the handling agency of another bank.
The borrower should fill in the "Loan Application" including the loan amount, loan purpose, repayment ability and repayment method, and provide the following information:
1. Basic information of the borrower and guarantor;
II. The financial report of the previous year approved by the financial department or accounting (auditing) firm, and the financial report before applying for the loan;
three. The original correction of the unreasonable occupation of the loan;
4. Collateral, list of pledged properties and proof that the person with the right to dispose agrees to mortgage or pledge, and relevant certification documents that the guarantor intends to agree to guarantee;
5. Project proposal, feasibility report;
6. Collateral, list of pledged properties and proof that the person with the right to dispose of the property agrees to mortgage or pledge, and relevant certification documents that the guarantor intends to agree to guarantee. Project proposal and feasibility report;
6. Other relevant information that the lender deems necessary.
Extended information:
Article 27 of the "People's Civil Enforcement Provisions on Sealing, Detaining, and Freezing Property" sets a maximum mortgage amount on the property of the person subject to execution, The mortgagee must be notified. The amount of the mortgagee's claim secured by the mortgage shall not be increased from the time of receipt of notice from the people.
If the people do not notify the mortgagee, but there is evidence that the mortgagee knows the fact of seizure or seizure, the amount of the creditor's rights guaranteed by the mortgage will not increase from the time when the people know the fact.