Can I borrow money with a mortgage? Is it useful to borrow money to mortgage the real estate deed

First of all, we need to analyze this loan relationship from the legal level.

The lending relationship involved is that the debtor mortgages the property in his name to the creditor for borrowing. Whereas, both the creditor and the debtor are natural persons. Is it possible to register a property?

The risk to creditors in this process is that the Supreme People's Court stipulates that a real estate mortgage contract has been signed but the mortgage right has not been registered.

Of course, although the mortgage right is not established, there is a mortgage contract, and the creditor should also perform the mortgage guarantee obligation in accordance with the mortgage contract. When the creditor requires the mortgagor to assume the security obligation under the mortgage contract, the mortgagor shall be liable to the extent of the value of the collateral.

However, one of the questions involved here is that if there is no mortgage registration, the ownership of the real estate is all in the debtor, that is, if the debtor sells the real estate without permission during the performance of the debt relationship, then if the debtor cannot continue to perform the debt, the creditor cannot exercise the mortgage right and use the real estate to fulfill the debt.

The risk for the debtor is whether the agreement on the mortgage contract and the interest on the loan exceeds the scope.

In principle, the debtor and the creditor have signed a mortgage contract for the property and completed the mortgage registration. Then the rights of creditors are legally protected. As long as the debtor does not perform the contract as agreed, then the creditor can use the debtor's real estate to repay the debt through the mortgage contract.

To put it simply, the creditor can directly ask the court to seize the debtor's property and pay off the debt through the funds obtained from the foreclosure. If the value of the property is greater than the debt, then the remaining funds are returned to the debtor, and if it is less than the debt, the creditor also has the right to sue the debtor to continue to pay the remaining shortfall.

Regarding the risk of mortgage contracts: In fact, many private mortgage loans are routines, and creditors often use some unconventional means to collect the debtor's real estate. Here you need to be careful when signing the mortgage contract.

Try to be as clear as possible. In principle, the state stipulates that the statutory annualized interest rate of the loan shall not exceed 24%, and the maximum shall not exceed 36%, and the part exceeding 24% and less than 36% shall not be supported by the court, but it will not object, as long as the debtor and the creditor agree. But if it exceeds 36%, it is usury.

Prohibited by order of national law.

At present, the state has laws and regulations on the registration of private loan mortgages. As long as it is handled in accordance with the law, it can be handled. However, for the debtor, the most important thing is the mortgage contract, and the loan contract must be signed in accordance with the relevant provisions of the law.

Try to consider whether you can afford the risks you will encounter if you are unable to repay the loan.

Yes, you can go to the Western Loan Network to find out. If satisfied with me,

Legal Analysis: Yes, useful.

Legal basis: "Measures for the Administration of Registration of Urban Real Estate Mortgages" Article 3 The term "real estate mortgage" in these measures refers to the act of providing debt performance guarantee to the mortgagee in the form of non-transfer of possession of the mortgagor's legal real estate. When the debtor fails to perform its debts, the creditor has the right to be repaid in priority with the price obtained from the auction of the mortgaged real estate in accordance with the law.

The term "mortgagor" as used in these Measures refers to a citizen, legal person or other organization that provides the lawfully acquired real estate to the mortgagee as a guarantee for the performance of debts by himself or a third party. The term "mortgagee" in these Measures refers to a citizen, legal person or other organization that accepts a real estate mortgage as a guarantee for the debtor's performance of debts. The mortgage of the pre-purchase commercial housing loan in these measures refers to the act of the buyer paying the remaining purchase price on behalf of the loan bank after paying the price specified in the first installment, and the purchased commercial housing is mortgaged to the lending bank as a guarantee for the repayment of the loan.

The term "mortgage of construction in progress" in these measures refers to the act of mortgagor mortgaged to the lending bank as a guarantee for the repayment of the loan in order to obtain the loan for the continued construction of the project under construction, together with the input assets of the project under construction obtained in a legal manner, together with the input assets of the project under construction.

Loan is a kind of concept of early consumption, this way of loan in the current real estate market has been very well affected, for ordinary families, a one-time repayment of the loan is a more troublesome thing, so can the house be mortgaged? Next, let's find out together!

According to the relevant regulations of the state, the house capital, that is, the real estate certificate, can be used for mortgage loans, while the bank can only mortgage the full amount of the house, and the interest is generally about 10% per year, and the requirement is a commercial house. And according to the latest regulations, the annual interest rate of the loan is one to five years, and the interest rate of the loan is more than five years.

Can I get a mortgage on a house with a mortgage?

1. We have to follow the normal requirements and procedures, the property in the mortgage is theoretically unable to apply for a mortgage, and according to the current regulations of various banks, many will not accept individuals to handle the second mortgage business.

2. Only after the loan is fully paid off can the borrower apply for a mortgage loan, so you will not be able to achieve the loan according to this normal process. If the mortgaged property is unmortgaged first after some reasonable and legal procedures, you can apply for a mortgage loan.

3. If the applicant intends to personally arrange the mortgage application for the mortgage of the property, then the more reasonable way is to find relatives and friends with more abundant funds to make up the remaining mortgage money, and then take it to the bank to repay the remaining loan of the property and complete the unmortgage of the property, and then mortgage the property that has been released to the bank.

Conclusion: The above content is about whether the house can be mortgaged? I hope it can help you. I believe that after the introduction of the content, will you be able to mortgage a house with a mortgage? For more information, if there is a need in the future, you can refer to it.

Legal analysis: real estate certificate mortgage, whether the real estate certificate should be mortgaged to the bank depends on the situation. When you take out a mortgage, the house capital is also in your own hands. It doesn't mean that if you get a mortgage, the bank will take it away, and the bank will only be pressed with other warrants and will not take the mortgage capital.

Legal basis: Article 400 of the Civil Code of the People's Republic of China To establish a mortgage right, the parties shall conclude a mortgage contract in written form. Mortgage contracts generally include the following clauses:

1) The type and amount of the secured creditor's rights, 2) the time limit for the debtor to perform the debt, 3) the name and quantity of the mortgaged property, etc., and 4) the scope of the guarantee.

Need. In the process of mortgage loan, you need to mortgage the real estate certificate, go to the Housing and Land Administration Bureau to do a mortgage registration, that is, to deduct a stamp on the house book, to prove that the house has been mortgaged to the bank, and then you can get the house book back, and when you repay the money, you can cancel the mortgage registration, and it will not affect your residence and rent.

Legal basis: Article 394 of the Civil Code of the People's Republic of China guarantees the performance of debts, and if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and 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.

The title deed can be mortgaged to obtain a loan.

Mortgage loans, also known as "mortgage loans". It refers to a type of lending used by banks in certain countries. The borrower is required to provide a certain amount of collateral as security for the loan to guarantee the repayment of the loan when due.

Collateral is generally easy to keep, not easy to wear, easy to sell, such as price, bills, real estate, etc. After the expiration of the loan, if the borrower does not repay the loan on time, the bank has the right to auction the collateral and repay the loan with the auction proceeds. The balance of the loan is returned to the borrower after the auction proceeds are settled.

If the auction proceeds are insufficient to repay the loan, the borrower will continue to pay off.

It must be an enterprise or institution legal person that has been approved and registered by the administrative department for industry and commerce, and has gone through tax registration and annual inspection procedures in accordance with the regulations; There is a market for products, production and operation are efficient, do not crowd out and misappropriate credit funds, and abide by credit.

Have the ability to repay the principal and interest on time, and the original loan principal and interest payable and the loan due have been repaid; If it has not been repaid, a repayment plan approved by the bank has been made; According to the "Credit Rating Standards for Banking Enterprises", in principle, the credit bank rating must be A (inclusive) or above.

Summary. Hello dear and happy to answer your <>

If you have a house, you can get a mortgage, and you can get a loan with a real estate certificate, as long as you can meet the loan conditions, it will be much easier. The mortgaged property must be in the name of the borrower, and if it is jointly owned with a third party, a declaration of consent to the mortgage must be issued at the time of mortgage. Before proceeding, consumers need to have a rational understanding of the repayment pressure of the mortgage loan, fully consider their own repayment ability, and avoid the unfavorable situation of using real estate to offset the debt later.

Can I get a mortgage if I have a house?

Hello dear and happy to answer your <>

If you have a house, you can get a mortgage, and you can get a loan with a real estate certificate, as long as you can meet the loan conditions, it will be much easier to do if you don't have it. The mortgaged property must be in the name of the borrower, and if it is jointly owned with a third party, a declaration of consent to the mortgage must be issued at the time of mortgage. Before handling the loan, consumers need to have a rational understanding of the repayment pressure of the mortgage loan, fully consider their own repayment ability, and avoid the unfavorable situation of using real estate to offset the debt later.

Extended information: Borrower's required conditions: a natural person with an ID card and a natural person aged 22-60 years old; Have a stable occupation, stable income, and the ability to repay the principal and interest of the loan on time; Able to provide a property in the name of oneself or another person or company as collateral; to be able to provide other warranties that we recognize.

Conditions for mortgaged housing: quiet round commercial housing, public housing, affordable housing, villas, ground floor merchants, office buildings, etc., with full property rights; The owner is an individual or a business; The procedures are complete, and he can go through the mortgage registration procedures and listing and circulation, and he will go to the bank for consultation by himself, and he will overcharge through the real estate agent, and he will also lead him to the bank.

Legal Analysis: Yes. In the process of housing mortgage loan, you need to mortgage the real estate certificate, go to the Housing and Land Management Bureau to do a mortgage registration, that is, to deduct a stamp on the house book, to prove that the house has been mortgaged to the bank, and then you can get the house book back, and when you repay the money, you can cancel the mortgage registration on the line, and it will not affect your residence and rent.

Legal basis: Civil Code of the People's Republic of China Article 394 If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, 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 the three friends provided for in the preceding paragraph are the mortgagors, the creditors are the mortgagees, and the property provided for by the security is the mortgaged property.