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The house is mortgaged to the bank, indicating that the house either has a real estate certificate for the existing house, or it is a pre-mortgage for the off-plan house after the contract is filed. There is no need to apply for a real estate certificate for the pre-mortgage of off-plan housing, as long as the developer goes to handle the contract filing, you can go through the follow-up loan procedures, that is to say, you can take out a loan before applying for the real estate certificate. After the initial registration of the developer, the real estate certificate (real estate certificate) will be handled according to the name of the contract record, that is, although the house has been "mortgaged to the bank", it does not affect the application of the real estate certificate.
If it is an existing house, it already has a real estate certificate, and the house is mortgaged to the bank, and before the loan is paid off and the bank mortgage is released, it is not possible to transfer or change the ownership, that is, the original real estate certificate cannot be changed, including the transfer to others for a new real estate certificate.
So you have to make it clear whose title deed you are dealing with, whether it is the title deed of the landlord who mortgaged it or the title deed that you will sell to the next family.
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If your house is mortgaged by a bank loan, the bank will take charge of your house. If you use the house capital, the bank can borrow it, and you need to return the house capital back to the bank when you run out.
If you go to the Housing Authority to reapply for a replacement, the Housing Authority will generally ask the bank if it agrees with you to reapply for a replacement, and you can only reapply if you agree.
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After the house is mortgaged to the bank, you can apply for a real estate certificate.
However, the title deed will state that the house has been mortgaged.
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Yes, you should take out a loan before you can sell.
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If the house is mortgaged to the bank, it is not possible to apply for a real estate certificate.
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No. The title deed will have a record of the bank loan marked on it, so the title deed does not need to be deposited in the bank.
Extended Information: There are 3 main types of personal residential mortgage risks:
1. Risks on the part of borrowers: Individuals borrow money from banks (including housing fund management institutions) for housing consumption, and if they do not repay the money on time, there are two reasons for the risk: subjective reasons and objective reasons.
The former refers to the borrower's intentional default, fraud, fake loan, and malicious non-repayment; The latter is when the borrower is unable to repay the money on time due to unemployment, disability, death, divorce, etc.
2. Risks of development projects: The developer's poor management or misappropriation of funds causes the project to be unable to be completed, resulting in "unfinished", and the property purchased and mortgaged by the borrower has become a "castle in the air"; The property purchased by the borrower has a large quality problem. These circumstances will make it difficult to perform the relevant contracts of personal loans, and the rights and interests of the borrower and the lending bank will be infringed.
Third, there are also risks on the part of banks: the review of borrowers is not strict; Insufficient control over the developer's sales, project progress, sales money supervision account and margin account fund flow; Lack of necessary contact with the housing and land authorities, mortgage registration is not implemented; Poor file management and loss of important contract documents, resulting in bank loan risks.
In the early days of personal housing mortgage loans in China, the law was not perfect, and after worrying that the individual would not be able to move out after the individual was at risk, he appealed to the court and asked for compulsory enforcement, but the court often did not accept such a lawsuit in consideration of social stability. Using housing as collateral is objectively difficult to prevent risks. Secondly, because our real estate administration can not meet the needs of market development, the housing property right certificate is handled slowly, and without the property right certificate, the mortgage registration cannot be completed, and the mortgage cannot be made.
The most fundamental way to prevent the risk of personal housing mortgage loans is to gradually establish and improve the legal system, improve the concept of the personal legal system, and vigorously deal with those who maliciously fail to repay the loans. It is necessary to strengthen the planning and management of land, so as to ensure the stability of housing quantity and housing prices; The qualifications of development enterprises should be strictly reviewed to ensure that the quality of housing meets the standards; It is necessary to establish a sound loan process; Improve the efficiency of your loan through quality service instead of simply simplifying the loan process. Implement the management of the whole process of personal housing loans, especially post-loan management, and establish a sound loan guarantee system.
Establish housing mortgage, pledge, insurance, and guarantee mechanisms, and use market mechanisms to diversify and transfer loan risks.
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The title deed and land deed must be mortgaged to the bank.
The process of applying for a mortgage loan:
The borrower opens a current deposit account with a bank;
The borrower fills in the loan form and submits relevant materials as required;
Bank staff conduct home visits to investigate the authenticity of the borrower's information;
After the approval is passed, the borrower will be notified of the approval result and the loan contract will be signed;
Need to purchase bank wealth management products or insurance;
Notarization; bank loans;
The borrower shall repay the principal and interest in accordance with the provisions of the contract.
Property Mortgage Terms:
The borrower has a proper occupation and stable income**, and has the ability to repay the principal and interest of the loan on time;
No illegal acts and bad credit records;
Able to provide a valid pledge of rights recognized by the bank or a legal and valid real estate as a mortgage guarantee or a third-party guarantee with subrogation ability;
Open a personal settlement account with the bank and agree that the bank will deduct the principal and interest of the loan from the personal settlement account designated by the bank;
The property rights of the house are clear, meet the conditions for listing and trading stipulated by the state, and can enter the real estate market for circulation, without any other mortgage;
The age of the house (calculated from the date of completion of the house) and the loan term cannot be added up to 40 years;
The mortgaged house is not included in the local urban reconstruction and demolition plan, and has the real estate certificate and land certificate issued by the real estate department and the land management department;
Other conditions imposed by the Bank.
Mortgage Preparation Documents:
ID cards of both husband and wife;
Household registration book of both husband and wife;
Proof of marital status;
Real estate certificate, land certificate (purchase contract, deed tax invoice, waiver of purchase right of the original unit);
Proof of academic qualifications (to the extent possible);
Bank flow in the past six months;
Contracts of use; Proof of second residence or property for immediate family members;
Proof of other financial resources;
Other documents as required by the bank.
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The real estate certificate for mortgage loan needs to take the real estate certificate to the bank for registration, and you can get it back after registration, and you don't need to put it in the bank, but the house in a mortgaged state cannot be bought and sold.
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Definitely, the real estate certificate is the bank's guaranteed price, the bank has it, it is not afraid that you will not pay back, you will not repay the money at that time, you will auction your property, the bank will not suffer a loss, to prevent people who do not keep their reputation or people who have no money.
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No, you don't. The bank, as the mortgagee, has always had a record of mortgage registration in its real estate file before the loan is repaid, and it is not allowed to buy and sell, so the bank does not need to require the lender to mortgage the real estate certificate to the bank.
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Individual banks need a mortgage, many of them don't need it, they have to do mortgage registration anyway, and some are afraid to take it out and continue to do two mortgages and three mortgages.
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After the real estate certificate comes out, it is not mortgaged in the bank, and the mortgage for private loans is not required for private financial lending institutions. If the real estate is mortgaged by the real estate with the house ownership certificate obtained in accordance with the law, the registration authority shall issue the house other title certificate to the mortgagee.
[Legal basis].Article 25 of the Measures for the Administration of Urban Real Estate Mortgages.
For real estate mortgage, the mortgage party shall sign a written mortgage contract.
Article 30. Within 30 days from the date of signing the real estate mortgage contract, the parties to the mortgage shall go to the real estate management department where the real estate is located to register the real estate mortgage.
Article 34 of the Measures for the Administration of Urban Real Estate Mortgages.
If the real estate is mortgaged by the real estate with the house ownership certificate obtained in accordance with the law, the registration authority shall record other rights on the original "House Ownership Certificate" and the mortgagor shall receive the receipt. and issue the "Housing Other Title Certificate" to the mortgagee.
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Some bosses have insufficient funds and want to work capital, so they may mortgage the property in their name in the bank, so do they need to put the real estate certificate in the bank?
1. Does the real estate certificate need to be mortgaged in the bank?
1. If you have gone through the real estate mortgage procedures, the bank does not need you to put the mortgage of the real estate certificate there, because the mortgage in the bank is only other warrants, which is a certificate for the lender to mortgage the house to the bank, which needs to be kept by the bank. When handling the process, you need to make an appointment first, and you will be accompanied by the staff, and there can be no real estate agent.
2. If the bank loan is paid off later, you can go through the procedures for releasing the mortgage, and then you can go to the bank to take out the other warrants, bring all the information, such as your ID card and household registration book, and then go to the local housing management department to handle the mortgage release procedures, and you can get the real real estate certificate.
3. There is a warrant, which is actually equivalent to mortgaging your documents to the bank, and only after paying off the loan, you can obtain the ownership of the house. But if you can't pay it back, then your house will be auctioned off by the bank.
Second, what should I do if I can't repay the mortgage?
1. In real life, some friends may have a lot of pressure in life, and they have to repay mortgages, car loans, raise children, daily expenses, etc., resulting in a later mortgage and tight funds. If it is because the family income has decreased, or because of some objective reasons, there is really no way to repay the loan on time.
2. In this case, we can apply for a deferment of loan repayment, explain to the bank in advance, fill in a written application, and after the bank's approval, handle the contract for deferred repayment and sign it, but it can only be extended once, and it cannot exceed 30 years.
3. If we are unable to go through the extension procedures, after obtaining the consent of the bank, we can find a way to transfer the house that has been loaned, and then use it to repay the loan.
4. It really doesn't work, and you can only auction the property through the bank, and only the money you owe to the bank will be withheld, and the rest will be returned to you.
I concluded: When you buy a house, you need to determine the time of the loan and the amount of repayment according to your own financial ability, so as to avoid excessive repayment pressure.
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Summary. Hello dear <>
We're happy to answer your <>
If you need to apply for a mortgage at a bank, you will need to go through the mortgage procedures at the bank after the title deed is issued. Because the bank will only lend money after ensuring that the title to the house is true and the value of the collateral is determined, and the title deed is a legal document that proves the title of the house. In general, you need to bring the following documents to apply for a mortgage:
1.Proof of personal identity: ID card or other valid identification document of the borrower and guarantor; 2.
Proof of income, proof of assets, etc.; 4.Other supporting documents that may be required: such as marital status certificate, guarantor's property certificate, etc.
Do I need to go to the bank to apply for a mortgage after the real estate certificate comes down?
Hello <>
We're happy to answer your <>
If you need to apply for a mortgage at a bank, you will need to go through the mortgage procedures at the bank after the title deed is issued. Because the bank will only lend money after ensuring that the title to the house is true and the value of the collateral is determined, and the title deed is a legal document that proves the title of the house. In general, you need to bring the following documents to apply for a mortgage:
1.Proof of personal identity: ID card or other valid identification document of the borrower and guarantor; 2.
Proof of income, proof of assets, etc.; 4.Other supporting documents that may need to be submitted for submission: such as marital status certificate, guarantor's property certificate, etc.
In addition to the above-mentioned materials, there are a few things to note:1Banks usually conduct an appraisal of the home to determine its value.
Based on the results of the assessment, the bank calculates the amount of loan that can be provided. 2.When applying for a mortgage, in addition to paying attention to the preparation of materials, you also need to pay attention to the bank's loan interest rate, repayment period, repayment method and other relevant information.
You can know this information in advance and compare accordingly so that you can choose the most suitable loan product for you. 3.There are fees associated with applying for a mortgage, such as mortgage registration fees, appraisal fees, processing fees, etc.
These fees need to be paid according to the bank's regulations. Ode to defeat.
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Summary. Hello, it is a great pleasure to answer your questions<>
When the real estate certificate comes down, you need to go to the bank to apply for a mortgage. <>
Analyze <> from a personal perspective
After the real estate certificate comes out, it is not all mortgaged in the bank, and the full purchase of the house does not need to be mortgaged, and after the real estate certificate comes out, you can choose to mortgage to the bank, go through the mortgage registration, and apply for a bank loan. At the same time, units or individuals can also mortgage the real estate certificate to other legal financial institutions for home loans. <>
[Legal basis].
Article 388 of the Civil Code provides that a security right shall be established in accordance with the provisions of this Law and other laws to establish a security interest. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.
If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.
Do I need to go to the bank to apply for a mortgage after the real estate certificate comes down?
Hello, it is a great pleasure to answer your questions<>
When the real estate certificate comes down, you need to go to the bank to apply for a mortgage. <>
Personal Perspective Analysis [Period Peng Yan Wait]: After the real estate certificate comes out, it is not all mortgaged in the bank, and the full amount of the house does not need to be mortgaged, and after the real estate certificate comes out, you can choose to mortgage to the bank, go through the mortgage registration, and apply for a bank loan. At the same time, units or individuals can also mortgage the real estate certificate to other legal financial institutions for home loans.
[Legal basis].
Article 388 of the Civil Code provides that for the establishment of a security interest, a security chain shall be established in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.
If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.
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