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The property can be mortgaged as a second mortgage. Second Mortgage Prerequisites:
1. If the borrower's initial mortgage amount has reached 70%, and only 3% of the amount can be mortgaged, then it is natural that the second mortgage can not be handled; If the borrower only borrows 30% of the initial mortgage amount, and there are 60% or 70% that can be mortgaged, it is usually possible to apply for a second mortgage.
2. If the borrower has all the procedures for the mortgage, then the borrower must have the real estate certificate of the house. It cannot be used as a second mortgage without a title deed.
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Legal analysisThe house can be re-mortgaged, but the secured claim must not be greater than the actual value of the house. The claim secured by the mortgagor shall not exceed the value of its collateral.
After the property is mortgaged, the value of the property is greater than the balance of the secured claim, and it may be re-mortgaged, but the balance shall not be exceeded. Where the same property is mortgaged to two or more creditors, the proceeds from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions.
Legal basisArticle 408 of the Civil Code of the People's Republic of China If the mortgagor's behavior is sufficient to reduce the value of the mortgaged property, the mortgagee has the right to request the mortgagor to stop its behavior; If the value of the mortgaged property is reduced, the mortgagee has the right to request that the value of the mortgaged property be restored, or to provide security corresponding to the reduced value. If the mortgagor does not restore the value of the mortgaged property and does not provide security, the mortgagee has the right to request the debtor to repay the debt in advance.
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In order to alleviate the financial pressure, most people's houses are bought with loans, and only after all the loans are paid, the house will truly belong to you. But in life, it is inevitable that when the capital turnover is not enough, you will want a second mortgage on the house, today I will talk to you about whether the house can be remortgaged, and what places need to be paid attention to when the house is mortgaged twice.
1. Can the house be mortgaged twice?
When you also pretend to be a loan for the house, you also own the property rights of the property, and you can make a second mortgage. However, the following conditions are still required:
1. In the past year when the first payment was missing, the bank loan should be repaid on time, and there was no overdue or bad credit, and a good credit status should be maintained.
2. Confirm with the bank whether it can be recycled, if it can, and the bank can re-release the same amount of loan.
3. The real estate mortgaged in the bank must be owned by me or my company, if it is not your name, then you cannot make a second mortgage.
2. What you need to pay attention to when the house is mortgaged for the second time.
1. Always pay attention to the progress of repayment, once the loan is repaid and it is also shown on the credit report, you can apply for a second mortgage. Be sure to find a very reliable real estate agent to help you with this kind of business.
2. Many unreliable loan companies will do other things in the name of your loan, if the regular ones will not, we often see small companies with real estate mortgages on the side of the road, and we can't believe what they say. If you can handle it yourself, it is recommended to apply for other loans directly and repay the mortgage on the property, and you can't listen to other informal lending companies, and you will lose yourself in the end.
3. If you have repaid all the money, but the money for the second loan is about the same as the money you repaid, there is no need to toss.
Summary: The second mortgage of the house is a very common phenomenon in life, as long as you have the relevant conditions, you can make a second mortgage, and also give some relevant suggestions, I hope it will help you.
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Legal analysis: The house has been mortgaged once and is still being repaid, and the mortgage loan again is called a second mortgage. There are prerequisites:
1. The real estate certificate has been processed.
2. There is still a residual value of the property minus the previous mortgage amount. If the previous mortgage amount is much smaller than the value of the property, for example, the property value is 1 million, and only the mortgage is 100,000, then there is still more than 900,000 value.
3. The second mortgage can only use the residual value as the collateral value, and the general bank loan will be discounted, such as 6% off. You can only mortgage 90 times 540,000.
4. If you do a second mortgage, it is better to make an additional mortgage with the same bank.
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 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.
Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.
Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.
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From the current point of view, many people will take the house for a second mortgage due to personal reasons, but because the loan has not been settled, they will be entangled in whether the house can be remortgaged, in fact, it is possible, but it is necessary to pay attention to the specific handling process, after all, the loan has not been settled, so there are a lot of complicated things.
Yes, in fact, the so-called second mortgage refers to the mortgage of the house under the mortgage again, for this kind of house, its mortgage is not settled, for example, your house is bought with a loan, and the mortgage has only been repaid for three years, at this time to apply for a real estate mortgage is the second mortgage, but the threshold for the second mortgage of the house is relatively high, and the bank has higher requirements for both the borrower and the house.
What are the ways to apply for a second mortgage on a house?
1. Bank handling.
If you go directly to the bank, you need to pay off the original loan to handle it, generally speaking, the bank is unable to handle the second mortgage of the house, and it should be noted that some banks stipulate that only the house that repays the loan principal and interest on time and in full for a certain period of time can apply for a second mortgage.
2. Find a guarantee company to handle it.
The main reason for finding this kind of company is that they will help you settle the remaining mortgage first, and then cancel the mortgage registration, get the real estate certificate from the bank, and then apply for a mortgage with the real estate certificate, strictly speaking, this method is not a second mortgage, but more like a mortgage after early repayment. When looking for a guarantee company, you must find a regular guarantee company to handle a second mortgage, otherwise it will easily lead to the loss of both property and property.
What is the second mortgage interest rate on a house?
According to relevant information, if it is a short-term loan, the interest rate is 6 months to 1 year (including one year) within 6 months; Medium and long-term loans for one to three years (including three years), interest rate, three to five years (including five years) interest rate, and more than five years interest rate; In addition, the personal housing provident fund loan is less than five years (inclusive), the interest rate, and the interest rate is more than five years.
Summary: Well, the above is the introduction of the content of the house can be remortgaged, I hope to provide you with some help, I believe that in the future, in the process of can the house be remortgaged, friends will be more handy, get their own satisfactory answers.
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Summary. Hello <>
We are happy to answer the question of can I do a second mortgage on my home: Yes. According to the provisions of China's "Guarantee Law":
A house can be mortgaged as collateral, and the same house can be mortgaged twice. However, it should be noted that the second mortgage requires the consent of the original mortgagee, and the mortgage priority and priority rights of the original mortgagee, as well as the mortgage amount and repayment rights of the new mortgagee, should be specified in the new mortgage contract.
Can a house be remortgaged?
Hello <>
We are happy to answer the question of can I do a second mortgage on my home: Yes. According to the provisions of China's "Guarantee Law":
The house can be mortgaged as collateral, and the same house can be mortgaged twice. However, it should be noted that the second mortgage requires the consent of the original mortgagee, and the new mortgage contract should specify the mortgage priority and priority of the original mortgagee, as well as the mortgage amount and repayment rights of the new mortgagee.
Hello <>Extended Rubber Replenishment: 1
In the case of a second mortgage, it is necessary to have a clear understanding of the original mortgage situation, including the amount that has been mortgaged, the mortgage term and other information, so as to avoid disputes arising from ignorance of the original mortgage situation. 2.In addition to the house, there are other properties that can also be mortgaged, such as vehicles, deposits, **, etc.
However, when making multiple mortgages, it is necessary to take into account the interests of all mortgagors, otherwise the problem of priority repayment will generally arise. 3.When making a mortgage, a detailed mortgage contract should be signed with the mortgagor, specifying the quantity, type, and quality of the collateral, as well as the amount, term, interest rate and other terms of the mortgage, so as to avoid subsequent disputes.
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Summary. Kiss! Hello <>
Can a house be remortgaged?
Kiss! Hello <>
The house can be mortgaged twice.
Kiss! Pure cherry blossom <>
Nowadays, most banks have a secondary mortgage business, but if you want to apply for a second mortgage loan, you need to meet the bank's requirements for a second mortgage, such as having a legal identity, a stable economic income and the ability to repay the loan and principal and interest, and no bad credit history, and a legal and valid house purchase contract.
After the application is approved, you need to submit the information required for the loan to the bank, and the bank will review your precautionary information, and will tell you the results after the review. After the approval, you need to sign a second mortgage contract with the bank and go through the procedures of notarization of the loan contract. Once the formalities are completed, the bank will release the loan to you on a fixed date.
It's a hassle and there are a lot to think about.
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The money secured by the loan is repaid first, and then the transaction can be transferred normally, and the money will be very high, usually you have to find an intermediary to help deal with it, and you have to pay some intermediary fees. There are some risks associated with buying a house that has been released from a second mortgage, so it is advisable to buy it with caution.
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According to Article 35 of the Security Law, after the property is mortgaged, the value of the property is greater than the balance of the secured creditor's right, and it may be re-mortgaged. The Property Law does not prohibit the re-mortgage and over-mortgage of the remaining part, so as long as you and the creditor reach an agreement and the creditor is willing to act as the mortgagee in second order, the registration agency can handle the second mortgage for you by submitting the application, the identity certificate of both parties, the certificate of ownership, the loan contract, the mortgage contract and other relevant materials. >>>More