Due to the high housing prices, most young people can't afford their own houses, and they are basically supported by their parents. So can parents borrow money to buy a house and their children repay the loan? Let's take a look with Bian Xiao!
Can parents borrow money to buy a house and their children repay the loan?
It is ok for parents to borrow money to buy a house, but it depends on the name of the bank lender. If it belongs to the parents, then the children can't repay directly in their own name. If it is the child's name, then the child can repay the loan by himself.
What are the precautions for parents to invest in buying a house?
1. If the house is purchased by the parents in their own names, the property right of the house belongs to the parents legally, and the children only have the right to live, but not the ownership of the house. If the child gets married in the future, the ownership of the house still belongs to the parents, so if divorced, the cashier will not divide the property between the child and the husband.
2. If the parents buy a house in the name of their children and sign an agreement with their children that the property is purchased by the parents, the property right does not belong to the children, and the children can live, then this agreement is invalid. Because China's real estate is registered, if the ownership of the house between parents and children is divorced from the actual registration, then it violates the provisions of the housing registration method and is an invalid agreement. In other words, the ownership of the house still belongs to the children, but according to the agreement, the relationship between the children and their parents can be identified as creditor's rights.
3. If parents buy a house in the name of their children, the property right of the house belongs to the children. Legally, it is considered as a gift from parents to their children and is protected by law.
4. If parents only give part of the money to support their children to buy a house, and the rest of the children buy it by loan, and the loan will be repaid after the children get married, then the part repaid after marriage belongs to the children's husband and wife. If the children divorce, the husband and wife can share the property.
Bian Xiao concluded: The above is about whether parents can borrow money to buy a house and whether their children can repay the loan. I hope it will help everyone.
Can parents give their children a loan to buy a house? I didn't know until I saw it.
With the development of society, it has become very common for parents to buy houses and loans for their children, because the price of good lots is too expensive for them to afford. As a parent, it is generally to give the down payment to the child first, and then let the child borrow money to buy a house. So can parents give loans to their children when they buy a house? Let's meet today!
Can parents give their children a loan to buy a house?
After parents buy a house, their children can get a loan, but they must meet certain conditions. Details are as follows:
1. Parents need their children as the first lender, and parents as the second lender need to provide ID cards, household registration books, marriage certificates, income certificates, bank accounts, etc. Both parents should provide it.
2. Under normal circumstances, men under 60 and women under 55 can apply for bank loans. Because of the problem of proof of income, children can sign the bank loan information as * * *, and children can not show it on the real estate license.
3. Abide by the law, be honest and trustworthy, and have no illegal acts. At present, there are no criminal cases or civil cases against them.
4. The credit is good, the credit record meets the requirements of the bank, and there is no default in the loan business handled by the bank at present.
5. The loan period for house purchase and the age of the borrower shall not be greater than 70 years.
It is worth noting that whether parents can get loans for their children when buying a house depends on how local policies stipulate. For example, in Shanghai and Shenzhen, the children of the applicant can be the same applicant, and the children can also help their parents repay the loan.
The above is the answer about whether parents can buy a house, hoping to help everyone solve problems in life.
Parents buy a house, can their children get a loan?
You can't. Housing loans can only be made by property owners. When parents' repayment ability can't meet the bank standard, they can provide qualified children as guarantors or borrowers, and children can't be borrowers alone. If the parents have purchased the property, and the children want to use the property as a mortgage loan, they can go to the bank to sign a loan contract with their parents' consent. With children as borrowers and parents as mortgagors, they can handle such loans.
First, the basic conditions for customers to apply for loans:
1, the identity is legal and valid.
2. Under 60 years of age, plus the loan period shall not exceed 70 years of age. If two or more applicants apply for a loan, the loan term can be reasonably determined according to the actual situation, but not all borrowers are over 70 years old with loan years.
3. Have the ability to repay the loan principal and interest on time.
4. Abide by the law, be honest and trustworthy, and have no illegal acts. At present, there are no criminal cases or civil cases against them.
5. The credit is good, and the credit record meets the requirements of our bank. At present, there is no default in the loan business handled by our bank.
Second, can parents buy a house and their children participate in the loan?
Parents can't use their children's housing provident fund to buy a house, but considering the low income of retired workers, the amount of loans they can get is also low. In order to support the loan demand of retired workers, the Regulations on the Management of Housing Funds stipulates that if a retired worker applies for a loan, his children can be the same applicant, which is the support for retired workers to apply for a loan, but they cannot withdraw their children's housing provident fund.
Only when parents and children buy a house together can they withdraw their children's housing provident fund.
The provident fund lender shall repay the loan on a monthly basis in the month after the loan is issued. There are two specific ways, which are chosen by the borrower:
1. Repay automatically in the provident fund account on June 1-20 every month. If the balance is insufficient to repay the loan principal and interest in cash in the provident fund center;
2. Entrust the loan bank to withhold repayment. The borrower can deposit the repayment amount for several months in one lump sum, or deposit all the repayment amount in a nearby bank savings office before the 20th of each month, and the bank will directly deduct the repayable loan principal and interest from the borrower's savings account.
3. The borrower can repay all the loan principal and interest in advance at one time, or repay part of the loan principal in advance.
1. Repay all the loan principal and interest in advance, and the provident fund center will re-examine the remaining loan principal and interest of the borrower according to the actual days of loan occupation.
2. Repay part of the loan principal and interest in advance, and the Provident Fund Center will recalculate the borrower's monthly repayment amount or loan term according to the remaining loan principal.
When buying a house, parents' names, children's loan repayment, and house ownership.
If the property is registered as a parent, the general owner is also a parent. Even if you repay the loan yourself, it will be regarded as a house purchased for your parents in law, and its ownership belongs to your parents.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 216 The real estate register is the basis for the ownership and content of real right. The real estate register is managed by the registration agency.
Article 217 The certificate of ownership of immovable property is the proof that the obligee enjoys the real right of immovable property. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Can I buy a house in the name of my parents and repay the loan to my children?
The real estate license can write the name of the parents, but also the name of the lender. That is, three real estate licenses will be issued, one for each parent and one for the lender.
Legal basis:
Article 311 of the Civil Code of People's Republic of China (PRC) * * * If the person without the right to dispose transfers the real estate or chattel to the assignee, the owner has the right to recover it. Unless otherwise provided by law, in any of the following circumstances, the transferee acquires the ownership of the real estate or chattel: (1) the transferee acquires the real estate or chattel in good faith; (2) Transferred at a reasonable price; (3) The transferred real estate or chattel has been registered in accordance with the law, and those that do not need to be registered have been delivered to.
If the transferee obtains the ownership of real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the unauthorized person.
Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.
Can parents get commercial loans in the name of their children when buying a house?
You can't.
Taking Shanghai as an example, the Resolution on Effectively Implementing the Spirit of Shanghai's Real Estate Regulation and Promoting the Orderly Operation of the Real Estate Financial Market requires commercial banks to control the source of primary repayment, and it is strictly forbidden to evade the regulation and control policies by means of adult children, (both) parents, ex-husbands, ex-wives or other third parties with repayment responsibilities, and relay loans are stopped.
Manager Huang of a joint-stock bank in Hangzhou said that the loan period can reach 70 years old, but there are few similar businesses, and such businesses are basically not done, because the risk control requirements are strict and few customers meet the requirements.
It is understood that the longest term of mortgage loan is 30 years, and the repayment can reach 70 years old. It is not that a 70-year-old man can still apply for a mortgage loan, but that a 40-year-old borrower can apply for a repayment period of up to 30 years.
As for the repayment of loans by parents and children, many bankers told reporters that this is called relay loan in the industry and is not new. Domestic commercial banks have been launched for more than ten years. Mainly for the sake of reducing their own risks, the bank changed the original project that only one person or both husband and wife could repay the loan into a project that all families could repay the loan.
Extended data:
Mr. Zhou of a sales company in Hangzhou said that due to the current purchase restriction, children can buy a house in the name of their parents without the qualification to buy a house, and then use relay loans to solve the problem that their parents can't mortgage. Not many people are directly affected by this policy, but it is easy to be used by investment speculative demand to avoid restrictions on purchases and loans. If the elderly are the main borrowers, children will bear the same repayment responsibility, which will easily lead to policy loopholes.
The chief analyst of Zhongyuan Real Estate said that from 20 17 to 20 18, the real estate regulation and strict loan restrictions in many cities significantly suppressed the demand for multi-suite investment in the property market. However, the relay loan will encourage children to use the loan qualification of the elderly to enjoy the first home treatment or still be able to borrow, thus in fact bypassing the loan restriction policy.
In this regard, some experts suggest that banks should implement the same access requirements for both borrowers and borrowers, that is, parents and children must be qualified to buy houses before they can use relay loan products to avoid some speculation.