Legal analysis: mortgage requires real estate license, and mortgage itself is a kind of loan with the purchased house as collateral. After the mortgage, the property will be mortgaged to the lending institution, and the real estate license will be detained by the lending institution. After the borrower pays off the debt, the mortgaged property can be released.
Legal basis: Measures of China People's Bank for the Administration of Individual Housing Loans.
Article 1 In order to support urban residents to purchase ordinary houses for their own use, standardize the management of individual housing loans, and safeguard the legitimate rights and interests of both borrowers and lenders, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) City Commercial Bank, the Law of People's Republic of China (PRC) on Guarantee and the General Principles of Loans.
Article 2 Personal housing loans (hereinafter referred to as loans) refer to loans granted by lenders to borrowers for purchasing ordinary housing for their own use. When a lender issues a personal housing loan, the borrower must provide a guarantee. If the borrower fails to repay the due principal and interest of the loan, the lender has the right to dispose of its collateral or pledge according to law, or the guarantor shall bear joint and several liability for repaying the principal and interest.
Article 3 These Measures shall be implemented after being approved by the People's Bank of China.
What are the collateral provisions for personal consumption loans of China Bank?
The collateral of personal consumption loan of China Bank shall meet the following conditions:
1. The borrower himself has legal and complete ownership, the mortgaged property (including houses and commercial buildings) conforms to the provisions of the Guarantee Law, and the farmers' housing property rights conform to the provisions of the Measures for the Administration of Farmers' Housing Property Rights Mortgage Loans of Bank of China, and have not been mortgaged to other creditors (they have been mortgaged to Bank of China according to previous loan contracts, except those that should be handled by the original agency).
2. When applying for personal consumption loan from China Bank with collateral owned by a third party or collateral jointly owned by the borrower and a third party, the owner of the collateral or the owner with the same ownership must come to the bank to sign all relevant documents face to face with his valid identity certificate. If there are * * * shares, the applicant shall provide proof of ownership and indicate its share; For those owned by * * * and * * *, the applicant shall provide other written documents unanimously declared by * * *.
3. Commercial houses used as collateral must have independent property rights, can be disposed of separately, and have good location and great appreciation potential (refer to local BOC outlets for specific standards).
4. If the borrower has multiple mortgages, he can apply for one mortgage revolving line or multiple mortgage revolving lines respectively, but multiple mortgage revolving lines cannot use the same mortgage.
The above contents are for your reference. Please refer to the actual business regulations.
Does the loan need to be mortgaged?
At present, not all bank loans need mortgage. At present, some banks in China still provide it. And some loan companies and a large number of loan companies in the name of guarantee consultation can also handle it, so you can also choose these companies to lend, as long as you know the specific situation in advance.
1. If you know the relevant process of formal loan, I suggest you go to the bank yourself. If you don't know the relevant procedures, I suggest you find a loan company. Although it will cost more money, it can also solve many problems. First of all, loan companies have more loan channels. Most ordinary people don't understand the loan process, and they don't know which loan companies are suitable for them.
2. If you have an experienced loan company, be familiar with various local loan institutions and have more loan channels that ordinary people don't know, you can save more time. In addition, loan companies know more about the loan market. Many customers think that loans only have the word "loan", but in fact there may be "hidden rules" in the same loan product of different lending institutions. If a loan company is familiar with the routines of major lending institutions, it can help lenders save time and effort. Moreover, the extensive contacts and technical advantages of the loan company can help customers legally and properly package the application conditions and make the loan process more convenient. Lending companies can speed up lending. If a person knows nothing, it will waste a lot of time and energy and increase unnecessary trouble.
Do private loans need collateral?
If it is a credit loan, there is no need for mortgage or guarantee; If it is a mortgage loan or a secured loan, it needs mortgage and guarantee. There are many types of loans, and the main loan methods are: individual, individual mortgage loan, individual provident fund loan, individual and individual guaranteed loan, etc. Among them, personal provident fund loans do not need collateral and guarantors, only mortgage loans need collateral that meets bank regulations, and guarantee loans need guarantors.
Legal basis:
Article 394 of the Civil Code defines mortgage as the performance of secured debt. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation for the property.
The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.