The landlord mortgaged the property to the bank, and I am the tenant, what should I do

1. What kind of collateral can be used for bank mortgages?

Property. The first thing that can be used as collateral for bank mortgages is real estate, such as personal housing, family housing, real estate, factories, shops, etc. When using a real estate mortgage, you generally need to appraise first, and after the appraisal, you can borrow up to 780% of the appraised value.

There is no problem, the house can still be lived in normally after the mortgage.

The detailed process of a home mortgage loan:

1. Apply for a loan.

The borrower applies to the financial institution for the purpose, amount and term of the loan. If the loan application falls within the scope of the financial institution, you will need to prepare the appropriate information.

2. Submit loan information.

Submit the application materials, including but not limited to the following (depending on the specific regulations of each bank's product): borrower's ID card, statement of the past six months, work certificate, credit report and house ownership certificate, etc.

If the enterprise needs to mortgage the real estate, the materials that need to be provided are: three business certificates of the enterprise, account opening permit, articles of association, enterprise capital verification report, purchase and sale contract, the flow of the past six months, the annual financial statements of last year and the financial statements of the past six months, and the proof of assets (different materials will be provided according to different banks).

This is an important part of the mortgage process, as many clients need money urgently when making a loan, and it will save you a lot of trouble if you can prepare these documents in advance.

3. Appraisal of the house.

After the materials are submitted, the bank will conduct an on-site investigation and appraisal based on the mortgaged house. Each step is an important part of the mortgage process, and it directly determines the amount of your mortgage loan. Generally speaking, there will be some discrepancies between this assessment and the market**, because the evaluation agency will consider multiple factors.

4. Apply for approval of loans.

The appraisal company will submit the appraisal report or survey opinion to the bank for approval.

5. Sign the loan contract.

The borrower signs the loan contract and all relevant documents, signs and stamps the fingerprint with the lending institution, and the notary public notarizes it.

6. Mortgage registration procedures.

The bank shall go through the mortgage registration procedures at the real estate office with the house ownership certificate and the notarial certificate of the loan contract.

7. Bank loans.

Due to the different regulations of each bank, the funds will be disbursed in the form of cash, punch cards or remittance to the accounts of the participating merchants.

8. Repay the loan on time.

This point should not be ignored, it is an important part of building good credit, if the loan is repaid on time and in full, or it may have a positive effect on the borrower's future re-borrowing and job search.

9. After the loan is settled, the mortgage registration cancellation procedures shall be handled.

Note: After the loan is settled, go to the real estate bureau to go through the procedures for cancellation of the real estate mortgage.

1. A housing lease contract concluded in accordance with the law through voluntary consultation shall have legal effect.

2. If the landlord mortgages the leased house to the bank during the lease term agreed in the contract, it is a manifestation of the landlord's exercise of the right to ownership of the house, and the lessee shall not interfere. Since the mortgage only needs to be registered as a mortgage, and there is no need to transfer the possession and use of the house and change the current lease status, the tenant will not be affected by the lease and use of the house as agreed in the contract.

3. If the landlord cannot repay the loan within the time limit agreed in the loan contract, the bank has the right to sell or discount the house to repay the loan debt, so that the mortgage right can be realized first.

In the event of a change in ownership of the premises, the lease contract continues to be valid for the new owner until the expiration of the lease term.

At the same time, in the process of changing the ownership of the house, the tenant of the house also enjoys the right of first refusal under the same conditions.

Legal basis: Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts: If the ownership of the leased house changes during the lease period, and the lessee requests the transferee of the house to continue to perform the original lease contract, the people's court shall support it. However, the leased house has the following circumstances or the parties agree otherwise:

1) The mortgage has been established before the house is leased, and the ownership changes due to the mortgagee's realization of the mortgage right; (2) The house has been sealed by the people's court in accordance with law before it is rented.

Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over Urban Housing Lease Contracts: The lessor and the mortgagee shall notify the lessee within a reasonable period of time if they agree to discount or sell the leased house to repay debts. Where the tenant requests that the house be purchased first under the same conditions, the people's court shall support it.

Does the landlord need to sign for the mortgage of the house during the lease period?

If the owner repays the loan on time, it will not affect you at all, otherwise, the bank will sue him for auction, of course, after repeated persuasions, which is rare.

If you take out a mortgage, the homeowner will make the payments on time, and it won't affect you.

No need to ,,, has nothing to do with the tenant,,, it's just that when the landlord can't repay the money and is seized by the court, it is related to the tenant, and the landlord violates the lease contract and needs to compensate you,,, personal opinion is for reference only.

Want. The tenant will definitely have to sign. It's a promise! When the bank is promised to auction the property, the tenant relinquishes the right to lease. Otherwise, if the landlord does not repay the loan, the bank will not be able to defend your tenancy rights.

Further Material: Is it OK to mortgage a house with a bank loan?

1. Housing mortgage loans are risky, because buying a house is not a consumer loan, and if the lender is found to use the loan for consumption, the bank has the right to suspend the loan or withdraw the loan in advance. If the circumstances are serious, the bank may characterize it as fraudulent loans, which may affect personal credit reporting and affect future loan applications.

2. The repayment period of the mortgage loan is short, and the mortgage loan is a consumer loan, and the repayment period of the consumer loan is only 10 years, compared with the 30-year repayment period of the mortgage loan, the pressure can be seen. So if the economic situation is not enough to cope, it is recommended not to choose this way.

3. The interest rate of the mortgage loan is much higher than the mortgage loan, and the interest rate of the mortgage loan is usually 30% higher than the benchmark interest rate, which is much higher than the mortgage interest rate, and there will be a lot of additional costs in the process of the mortgage loan, such as the housing appraisal fee and the mortgage registration fee. If you find an agent to apply for a mortgage, you will have to pay a lot of intermediary fees, so the cost of buying a house mortgage is higher.

How do I apply for a mortgage?

1. Choose a lending institution: The first step in handling a real estate mortgage loan is to choose a good lending institution, although the bank loan interest rate is low, safe and reliable, but its approval speed and loan requirements have always been a hard flaw. Although the interest rate of private loans is high, the review requirements are low and the processing speed is fast.

Therefore, choosing the right lender for you is a crucial step in the entire lending process.

2. Write the application and submit the materials: After selecting the institution, you can submit the application with the materials required by the applicant institution.

4. Evaluation: General lending institutions, especially banks, require to go to designated or recognized appraisal institutions for evaluation, and appraisal fees will be charged during evaluation, which may not be the same for different companies, and the charging standards for different regions are also different.

5. Approve the loan and sign the contract: The lending institution will review it again according to the previously submitted materials and evaluation reports, and the approved ones will communicate with you about the loan amount, interest rate, term, repayment method and other issues. After the communication is good, the contract can be signed.

6. Handle mortgage registration and lending.

The landlord goes to the bank for a loan and uses his house as collateral, which is the right of the family, and has nothing to do with anyone, including the tenant, and the tenant does not need to sign.

Whoever owns the real estate certificate has to sign it, and it has nothing to do with the tenant, unless the court compulsorily repossesses the auctioned house and needs to negotiate with the tenant to move out.

You don't have to sign with the bank, it's not the tenant's house, it's not the tenant's loan, so the mortgage has nothing to do with the tenant.

The bank may require the tenant to waive the right of priority and related defences, in which case the tenant may be required to sign.

It's best not to, you have no direct relationship with the bank, there is no need to wade into troubled waters, you and the landlord directly sign a contract, and write clearly who bears the responsibility for the risk consequences of the loan, if you are not worried about the validity of the contract, you can go to a third party to do justice.

The homeowner mortgages the property to the bank to obtain a loan, and the renter does not need to go to the bank to sign it.

No, this is for the landlord to go to the bank to deal with.

This is the landlord's business, and it has nothing to do with you, because the property right of the house, not yours, is not binding on you.

It has nothing to do with the tenant, and the house is not yours, so what are you looking for?

This is the landlord's property, and the tenant just pays for the right to house for a while! What does a mortgage on someone's house have to do with you? Go sign it too!

What does it have to do with tenants? The owner of the house has complete power.

If you rent a house, the landlord uses the house for a mortgage, which actually has little impact on the tenant. As long as it is still within the validity period of the lease contract, it will not affect the continued performance of the lease contract. Even if the landlord is unable to repay the loan, the change in the ownership of the house does not affect the continuation of the original lease contract.

According to Article 725 of the Civil Code of the People's Republic of China, if the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected.

Article 726:Where a lessor sells a leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions; However, this does not apply where the co-owners of the house exercise the right of first refusal or the lessor sells the house to close relatives. If the lessee fails to make a clear statement of purchase within 15 days after the lessor has fulfilled its notification obligation, it shall be deemed that the lessee has waived the right of first refusal.

Other legal provisions on the rental of premises.

Article 12 of the Administrative Measures for the Leasing of Commercial Housing: During the period of housing lease, if the house is transferred due to gift, property separation, inheritance or sale, the original housing lease contract shall continue to be valid. If the tenant dies during the lease period, the person who lived with him before his death may lease the house in accordance with the original lease contract.

Article 14 Within 30 days after the conclusion of the housing lease contract, the parties to the housing lease shall go to the competent department of construction (real estate) of the municipality directly under the Central Government, city or county where the leased house is located to handle the registration and filing of the housing lease. The parties to the housing lease may entrust others in writing to handle the lease registration and filing.

The above content refers to China** Network - Civil Code of the People's Republic of China.

Summary. Can I mortgage my house for rent?

Housing rental is a legal act in which the owner of the house transfers the right to use the house to the tenant of the house, and the right to use the house is enjoyed by the lessee during the lease period; When the mortgagor is unable to repay the debt to the mortgagee, the mortgagee has the right to realize the mortgage right, that is, to auction and sell the house through the court and receive priority payment for the proceeds of the auction sale.

The law does not prohibit the use of rented houses as mortgage guarantees, so the rented houses can be mortgaged, so will the mortgage affect the original lease relationship? According to the provisions of the Property Law and the Interpretation of the Guarantee Law, if the rented house is used as mortgage security, the mortgage guarantee does not affect the original lease contract relationship, and after the mortgaged house is auctioned or sold, the transferee of the house shall continue to perform the original lease contract in accordance with the law until the expiration of the lease term, which is what we usually call "mortgage does not break the lease".

Can a tenant take a mortgage on the landlord's house.

Hello dear! No, you can't <>

The tenant does not own the house and cannot mortgage your house for a loan.

However, you can take out a loan for renting out your house.

Can I mortgage the rented houseIs renting out a house is a legal act by the owner of the house to transfer the right to use the house to the tenant of the house, and the right to use the house is enjoyed by the lessee during the lease period; When the mortgagor is unable to repay the debts to the mortgagee, the mortgagee has the right to realize the mortgage right, that is, to auction and sell the house through the court and receive priority payment for the proceeds from the auction sale. The law does not prohibit the use of rented houses as mortgage guarantees, so the rented houses can be mortgaged, so will the mortgage affect the original lease relationship? According to the provisions of the Property Law and the Interpretation of the Guarantee Law, if the rented house is used as mortgage security, the mortgage guarantee does not affect the original lease contract relationship, and after the mortgaged house is auctioned or sold, the transferee of the house shall continue to perform the original lease contract in accordance with the law until the expiration of the lease term, which is what we usually call "mortgage does not break the lease".

Then why did I get a summons from the court saying that someone had mortgaged my rented house to open a company?

Is the subpoena real.

You didn't make a loan to make a loan, why did you send the summons directly to you? It's a mortgage of your house to get it. It's impossible, because you have all the money in your hand, how can you mortgage it.

yes, that is, we don't know anything about it, we don't know anything here, and I can't figure out what the situation is when the court sends a summons.

Then you can call ** and ask the court what the situation is.

Is it because of something else? For example, do you have a debt dispute with someone else? If you want someone to talk to.

Is it because of something else? For example, do you have a debt dispute with someone else?