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If neither of you has paid it back for a long time, the bank will auction the house, and if you don't pay it back to the bank, it will be auctioned.
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Unless there are two people who are not related, one is the guarantor of the other, and the loan cannot be repaid, they will be liable.
The Guarantee Act stipulates that the guarantor has the following responsibilities:
The scope of the guarantee includes the main claim and interest, liquidated damages, damages and the cost of realizing the claim. If the guarantee contract provides otherwise, it shall be in accordance with the agreement.
If the parties have not agreed on the scope of the guarantee or the agreement is not clear, the guarantor shall be liable for all debts.
During the guarantee period, if the creditor transfers the principal creditor's rights to a third party in accordance with the law, the guarantor shall continue to bear the guarantee liability within the scope of the original guarantee. If the guarantee contract provides otherwise, it shall be in accordance with the agreement.
During the guarantee period, if the creditor permits the debtor to transfer the debt, the written consent of the guarantor shall be obtained, and the guarantor shall no longer bear the guarantee liability for the debts transferred without its consent.
If the creditor and the debtor agree to modify the main contract, the written consent of the guarantor shall be obtained, and the guarantor shall no longer bear the guarantee liability without the written consent of the guarantor. If the guarantee contract provides otherwise, it shall be in accordance with the agreement.
If the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.
If the creditor fails to file a lawsuit or apply for arbitration against the debtor during the guarantee period agreed in the contract and the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; Where the creditor has already filed a lawsuit or applied for arbitration, the provisions on the interruption of the statute of limitations shall apply to the guarantee period.
If the guarantor of the joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to request the guarantor to bear the guarantee liability within six months from the date of expiration of the period for performing the debt.
If the creditor does not require the guarantor to bear the guarantee liability during the guarantee period agreed in the contract and the guarantee period provided for in the preceding paragraph, the guarantor is exempted from the guarantee liability.
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It is possible to take out a loan to buy a house together, this is due to the legal norms, and there is no mandatory requirement that the co-borrowers must be husband and wife. Regardless of the number of people who request a loan from the bank, and regardless of the relationship between the co-borrowers, as long as it can be proved that the reason for borrowing is legitimate and the borrower has the ability to repay, then the bank will generally approve the loan request.
1. The names of two people can be written on the real estate certificate, then the house belongs to the joint property of the two people, and there is a joint relationship; However, at the time of the loan, a co-loan cannot be carried out, and one of the borrowers must be confirmed as the main lender.
2. When making a loan, it is necessary to confirm the relevant matters of the loan through negotiation between the two parties. For example, confirm that one of the two parties becomes the main lender, negotiate the proportion and amount of the loan between the two parties, etc.
Among them, when taking out a loan, you cannot use the housing provident fund of two people to take out a loan together.
1. Both parties are present in person.
In the process of buying a house, there are many signing processes involved, such as signing the sales contract, applying for a mortgage, and transferring the transaction, which requires the presence of both husband and wife at the same time. In addition to signing the real estate sales contract, both parties are required to be present in person when applying for a mortgage or going through the transfer procedures. Experts explained that when applying for a mortgage, sometimes the application will be made in the name of the husband and wife, so the bank needs to check the qualifications of both people at the same time, and the relevant procedures must be signed at the same time.
2. Document preparation is the key.
When a husband and wife buy a house together, they need to provide more documents, and none of them is missing. When the husband and wife apply for a mortgage together, they need to provide proof of income and social security of both husband and wife. Of course, when applying for a mortgage loan, if one of them has a higher income, it is not a problem to pass the qualification approval, and the other party's income certificate does not need to be provided.
3. The main loan and the subprime loan are particular.
In general, in a bank housing loan contract, only one party is regarded as the "lender" (often referred to as the main lender), and the other party can be the "co-lender" regardless of whether the names of both parties are written on the title deed. When determining the main lender, you should choose the one with a higher and more stable income between the husband and wife, and pay attention to the age limit, otherwise the loan term will be affected.
4. The share is determined in advance.
When a husband and wife buy a house together, the share of the property should be determined in advance to avoid disputes in the future. According to the Civil Code (in force), "the property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife, unless otherwise agreed by the parties."
Therefore, in the process of buying a house together, even if it does not appear on the title deed, it does not affect their ownership of the house.
5. Pay attention to personal credit.
Whether one of the husband and wife applies for a housing loan, the bank needs to assess the credit of the two people, as long as one party has bad credit, it will affect the mortgage application, which must be noted.
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OK. Two people who are not related to each other can buy a house together and write their names on the real estate certificate, the house belongs to real estate, and the real estate can be jointly owned by two or more units and individuals, so that both people are joint owners. A title deed is a written proof of ownership of a specific house, and can record the co-ownership of a specific house and whether a security interest is created.
In general, a real estate license can only be issued to the owner of a particular house. But if the house is shared, the co-owner can obtain a co-ownership certificate in addition to the house title deed, subject to an agreement or affirmation between the parties.
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Two people who are not related to each other cannot take out a loan together to buy a house, and because you have no relationship, the real estate company will not give you a loan to buy a house together.
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Legal analysis: During the existence of the marriage slag system, one of the spouses' overdue loan can have a negative impact on the other party: if one party takes out a loan beyond the time limit, the other party needs to apply for a loan from the bank, and the bank has reason to believe that the other party's ability to repay the loan is poor, so it refuses to take out the loan.
Therefore, the husband and wife should repay the loan on time to protect their credit and not add trouble to the other party.
Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
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Legal Analysis: Two people who are not related to each other can buy a house together and write their names on the real estate deed. The immovable property is jointly owned by two or more units and individuals, both of whom are co-owners of the house.
Legal basis: Administrative Measures for the Sales of Commercial Housing
Article 1 In order to standardize the sale of commercial housing and protect the legitimate rights and interests of both parties to the transaction, these measures are formulated in accordance with the Law of the People's Republic of China on the Management of Urban Real Estate and the Regulations on the Management of Urban Real Estate Development.
Article 2 The sale of commercial housing and the management of the sale of commercial housing shall comply with these measures.
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Legally binding. The receipt is usually issued by the recipient to the payer, and the receipt must be signed by the person after the receipt is issued, and whether the fingerprint is not a mandatory requirement of the law.
However, in most cases, it is required to have a fingerprint at the same time as the person's signature, and the absence of the fingerprint will not affect the legal effect of the receipt. As long as the receipt is an expression of the true intention of the issuer and does not violate the mandatory provisions of the law, it is a valid act. In order to ensure the authenticity of this receipt, it is best to sign and put your fingerprint at the same time as the signature, and if there is a witness, it is also best to have the witness sign at the same time and indicate the identity of the witness.
As a note often used in life, a complete receipt must have three parts: title, text, and payment, in case of future troubles, when writing the receipt, it must be written in accordance with the basic requirements and format of receipt writing.
Extended Materials. When writing an "IOU", there are several issues that should be noted:
1) It is necessary to find out the real names of the borrower and the lender (the ID card and household registration book shall prevail), and find out the personal information of the borrower's work, address, and even income and property. In the lower right corner of the "IOU", the borrower's real name is signed by the borrower himself. The signature is equivalent to confirming the content stated on the "IOU", and without a signature, it is equivalent to no confirmation, if the borrower does not recognize it later, the absence of a signature or a pseudonym is likely to be not supported by the court;
2) It is best to stipulate the interest, repayment period, repayment method and other matters of the "IOU";
3) The "IOU" must clearly state the facts of the loan. The content is unclear or unclear, and when a dispute arises and the borrower does not recognize it, the risk of litigation is very high. It is best to write the loan amount in uppercase Chinese numerals first, and then in Arabic numerals.
It is important to note that a borrowing agreement is different from an IOU.
That is to say, the loan agreement can only prove that the two parties have reached an agreement on the loan, but whether the money is actually delivered to the borrower, there is also an IOU and other evidence to prove that the money has been delivered. The IOU is proof that the loan has occurred, so do not use the loan agreement as an IOU, otherwise your legitimate rights and interests may not be protected by law.
After Alipay's reserve fund is withdrawn, if it is not used, Alipay's official will automatically deduct the money back after seven days.
The reserve fund will be automatically returned 7 days after it is withdrawn. For example, if you borrow money on the 1st, the system will initiate an automatic deduction on the 8th. The reserve also supports early repayment, and if you need to return it in advance, you can enter the reserve interface to repay the loan.
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