In general, we suggest that you consult relevant lawyers and give you good advice. However, I will give you a brief explanation here.
When signing a private mortgage loan contract, we should generally pay attention to the following important aspects: loan purpose, loan amount, loan interest rate, loan and repayment period (if necessary, the source of repayment funds and repayment method should be supplemented), guarantee terms (that is, the details of collateral), agreed terms and liability for breach of contract.
Below I list some related specific terms for reference only.
warranty clause
1. If the borrower takes _ _ _ as collateral and cannot repay the loan to the lender at maturity, the lender has the right to dispose of the collateral. If the borrower repays in full when due, the lender shall return the collateral to the borrower.
2. The borrower must use the loan according to the purpose stipulated in the loan contract, and shall not use it for other purposes or engage in illegal activities.
The borrower must repay the principal and interest within the time limit stipulated in the contract.
4. The borrower has the obligation to accept the lender's inspection and supervision on the use of the loan, and know about the borrower's plan implementation, operation and management, financial activities, material inventory, etc. The borrower shall provide relevant plans, statistics, financial and accounting statements and materials.
5. If there is a guarantor's guarantee, the guarantor has the right to recover from the borrower after performing joint and several liabilities, and the borrower has the obligation to repay the guarantor.
articles of agreement
If the company closes down or goes bankrupt due to poor management, and it is really unable to perform the contract, when disposing of the property, in addition to the personnel salaries and necessary maintenance expenses stipulated by the state, priority should be given to repaying the loan. When the project construction is closed, stopped, transferred or cancelled by the superior competent department, or this contract cannot be performed due to force majeure accidents, it may apply to the Lender for modification or termination of this contract, and be exempted from the liability for breach of contract.
responsibility for breach of contract
First, the borrower's liability for breach of contract
1. If the borrower fails to use the loan according to the purpose stipulated in the contract, the lender has the right to recover part or all of the loan, and collect default interest for the part used in violation of the contract at the interest rate stipulated by the bank.
2. If the borrower fails to repay the loan within the time limit, the lender has the right to recover the loan and collect the penalty interest according to the regulations of the bank. If the borrower repays the loan in advance, the interest will be reduced according to the regulations.
3. If the borrower uses the loan to cause losses and waste or uses the loan contract to engage in illegal activities, the lender shall recover the principal and interest of the loan, and the relevant units shall investigate the administrative and economic responsibilities of the person directly responsible. If the circumstances are serious, criminal responsibility shall be investigated by judicial organs.
Second, the lender's liability for breach of contract
1. If the lender fails to provide the loan on time, it shall pay the borrower liquidated damages according to the amount of default and the number of days of delay. The calculation of the amount of liquidated damages shall be the same as that of the borrower's penalty interest.
2 bank staff, due to dereliction of duty caused by loan losses or the use of loan contracts for illegal activities, should be investigated for administrative and economic responsibility. If the circumstances are serious, criminal responsibility shall be investigated by judicial organs.
It is best to consult a legal adviser and then notarize.
Second, what should I pay attention to when looking for private loans?
1. Whether the mortgagor is the owner of the house or has the right to be sealed up or frozen) 3. After signing the contract, you need to go to the local housing authority for mortgage registration.