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Legal analysis: house loan mortgage is risky, but the risk is not particularly large, because now many people buy a house with a real estate certificate as collateral, but it still depends on the purpose of your loan, if you take a loan to buy a house, then, the risk should be relatively small, if the purpose of your loan is to start a business, then the risk is relatively large. Legal basis:
Civil Code of the People's Republic of China Article 402 Where the property provided for in items 1 to 3 of the first paragraph of Article 395 of this Law is mortgaged or the building under construction as provided for in item 5 of this Law is mortgaged, the mortgage registration shall be completed. The mortgage is created at the time of registration.
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Mortgage is risky, but it's not particularly risky.
Business loan is a financing product for small and medium-sized enterprise owners or individual industrial and commercial households, and borrowers can obtain bank loans through real estate mortgages and other guarantees, and the loan funds are used for the business needs of their enterprises or self-employed individuals.
Loan amount: Revolving credit facility, mortgaged by housing, up to 80% of the appraised value of the property, commercial property is also acceptable.
Loan term: The loan term is up to 5 years, revolving credit is recycled, interest is repaid on a monthly and quarterly basis, and the principal is repaid at maturity, and the repayment is very flexible.
Loan interest rate: The benchmark loan interest rate for the same period and grade stipulated by the People's Bank of China shall be subject to an appropriate increase.
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1. Risk of default.
Even if the mortgagee is a bank, there is a risk of default when the borrower applies for a real estate mortgage, and the default risk includes forced default and rational default. Forced default means that the borrower is forced to default due to some reasons of his own because of insufficient ability to pay, which indicates that the borrower has the willingness to repay but has no ability to repay. Rational default refers to the borrower's voluntary default, and equity theory holds that in a well-established capital market, the borrower can make a decision about whether to default or not only by comparing the size of the equity in his or her housing with the size of the mortgage debt.
2. Liquidity risk.
There are some risks associated with real estate mortgage loans, including liquidity risk, which refers to the risk that short-term deposits and long-term loans are difficult to realize. Nowadays, the liquidity risk of real estate mortgage loans is reflected in the fact that China's housing loans are mainly provident fund and savings deposits, and the savings deposits absorbed by banks are short-term deposits, generally only three or five years, while housing mortgages are long-term loans.
3. Economic cycle risk.
The risk of the economic cycle is relatively rare, which refers to the risk generated in the process of repeated fluctuations in the overall level of the national economy, and the real estate industry has a higher sensitivity to the economic cycle than other industries.
4. Interest rate risk.
Interest rate risk is understood by everyone, which refers to the risk brought by the change in the level of loan interest rate to the value of a bank's assets. Interest rate risk is determined by the capital structure of its business, short-term deposits and long-term loans, and fluctuations in interest rates will bring losses to banks whether they rise or fall. If the interest rate of the mortgage is also raised, it may increase the borrower's repayment pressure, the higher the borrowing amount, the longer the borrowing period, the greater the impact, thus increasing the risk of default.
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Legal analysis: the mortgage of the house loan is risky, but the risk is not particularly large, because now many people buy a house with the real estate certificate as collateral, but it still depends on the purpose of your loan, if you take out a loan to buy a house for rent, then, the risk should be relatively small, if the purpose of your loan is to start a business, then the risk is relatively large.
Legal basis: Article 402 of the Civil Code of the People's Republic of China Where the property provided for in items 1 to 3 of the first paragraph of Article 395 of this Law is mortgaged or the building under construction provided for in item 5 of this Law shall be registered. The mortgage is established at the time of registration.
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Legal Analysis: Home mortgages are risky, but the risks are relatively small. As a real estate as a mortgage, the house is more stable than other movable assets as collateral, and the risk of using a house mortgage is relatively small, but the choice of lender is also very important.
Legal basis: Civil Code of the People's Republic of China
Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.
Article 401 Where the mortgagee agrees with the mortgagor that the mortgaged property belongs to the creditor when the debtor fails to perform the debts due before the expiration of the period for performing the debt, the mortgagee can only be repaid in priority with respect to the mortgaged property in accordance with law.
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Legal analysis: house loan mortgage is risky, but the risk is not particularly large, because now many people buy a house with the real estate certificate as collateral, but it still depends on the purpose of your loan, if you take out a loan to buy a house, then, the risk should be relatively small, if your loan is used to start a business, then the risk is relatively large.
Legal basis: Article 402 of the Civil Code of the People's Republic of China Article 402 The mortgage of the property specified in the first paragraph of Article 395 to the third paragraph of this Law or the building under construction as provided for in the fifth paragraph shall be registered. The mortgage is created at the time of registration.
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Legal analysis: house loan mortgage is risky, but the risk is not particularly large, because now many people buy a house with a real estate certificate as collateral, but it still depends on the purpose of your loan, if you take a loan to buy a house, then, the risk should be relatively small, if the purpose of your loan is to start a business, then at this time the risk is relatively large.
Legal basis: Civil Code of the People's Republic of China Article 402 Where the property specified in items 1 to 3 of Article 300 of this Law is mortgaged or the building under construction as provided for in item 5 of Article 300 of this Law, the mortgage registration shall be completed. The mortgage is created at the time of registration.
At present, there are many cases in society where the joint property of the husband and wife is mortgaged without the consent of the other spouse, especially the phenomenon of one party setting up a mortgage on the bank with the joint real estate without authorization is even more common. Although the name of one party is written on the real estate certificate, as long as there is evidence to prove that it is the joint property of the husband and wife after marriage, the private mortgage is invalid mortgage. >>>More
To mortgage the property, you need to apply for a mortgage at the housing authority with the ID cards of both borrowers and borrowers, the personal loan mortgage contract and the real estate certificate. >>>More
Need. The detailed process of a home mortgage loan:
1. Apply for a loan. >>>More
1.Submissions;
2.Housing trading floor acceptance materials; >>>More
First of all, we need to analyze this loan relationship from the legal level. >>>More