A, according to the provisions of the people's Bank of China, more than four times the benchmark interest rate is. So, what's the general interest rate? It is understood that the general annual interest rate is above 36%, which means that the loan is 65,438+10,000 yuan, and the annual interest needs to reach 36,000 yuan, and some interest rates have reached 100%-200%.
2. What is the interest rate?
The Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases divides the interest rate of private lending into three regions, with boundaries of 24% and 36% respectively.
If the interest rate agreed by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people shall support it.
That is, the agreed interest rate during the loan period shall not exceed the annual interest rate of 24%. Overdue, the overdue interest rate does not exceed the annual interest rate of 24%. Agreed overdue interest rate and liquidated damages, and the total of overdue interest rate and liquidated damages shall not exceed 24% of the annual interest rate.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. If the borrower requests the lender to return the interest paid in excess of 36% per annum, the people shall support it.
This is aimed at, if the annual interest rate exceeds 36%, it will be deemed invalid. Even if the borrower has paid, he can ask for a refund of more than 36% interest.
3. Can I borrow it without returning it?
1. The debtor may not repay his own part, and the creditor's repayment request is not protected by law, but the principal and reasonable interest are to be repaid.
2. The limitation of action is three years, counting from the date when the repayment period expires. If no repayment date is specified, the longest limitation of action is 20 years.
Because gambling and other criminal acts are bad debts, you can refuse to repay them. If the debt is used for family needs, both husband and wife should bear the responsibility for repayment. Even if the husband and wife divorce, the creditor can still recover from either party. The party who agreed not to assume the debt may recover from the other party after repaying the debt.
4. Although there is no charge of release in the criminal law, the lender should bear criminal responsibility according to the corresponding charges for the crimes arising in this process, such as intentional injury.
In our country, it is allowed to stipulate higher interest rates in private lending, but at this time, we should also pay attention to the legal provisions, and we should not stipulate too high, otherwise it will easily evolve into, then the interests of the parties will not be protected by law at this time. What is the specific interest rate? Judging from the provisions in the latest judicial interpretation, as long as the agreed interest rate exceeds 36% of the bank's loan interest rate for the same period, then the excess part belongs to.
Extended data:
Refers to a loan that requires a particularly high interest rate. It came into being at the end of primitive society and was the basic form of credit in slave society and feudal society. In other words, before the emergence of capitalist society and the establishment of modern banking system, private lending was of high interest.
According to the provisions in the Notice of the People's Bank of China on Banning and Combating Behavior, the interest rate of private individual loans is determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed 4 times of the loan interest rate of financial institutions of the same grade in the same period announced by the People's Bank of China (excluding floating). Those who exceed the above standards should be defined as high-interest loans.
Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that:
If the interest rate agreed by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. If the borrower requests the lender to return the interest paid in excess of 36% per annum, the people shall support it.
As can be seen from the above, since the implementation of the Provisions of the Supreme People's Government on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases on September 1 2065438, the standard is no longer whether the annual interest rate exceeds 24%, but whether it exceeds 36%, that is, the annual interest rate does not exceed 36%.
Baidu Encyclopedia:
What's the loan interest rate now?
How much is the interest on the bank loan?
At present, the bank loan interest rate is determined according to the fluctuation of the benchmark loan interest rate stipulated by the People's Bank of China. Different banks and products will have different interest rates.
At present, our loan interest rate is as follows: 4.85% for loans within 6 months (including 6 months).
Loans from six months to one year (including 1 year) 4.85%
Loans for one to three years (including three years) 5.25%
3 to 5 years (including 5 years) loan 5.25%
Loans with a term of more than five years are 5.40%. After the promulgation of Article 5, branches can further increase the down payment ratio and interest rate of the second home loan in cities where house prices are rising too fast according to the real estate control objectives and policy requirements of the local people's government. At present, all localities are studying and formulating relevant implementation rules, which can be implemented after being formulated and reported to the head office of the People's Bank of China for approval. Consistent with previous market expectations, in some cities where house prices have risen too fast, the down payment for second-home mortgage may be raised to 70%, and the interest rate may be raised to 1.3 times.
According to the relevant provisions of the state:
1. All localities continue to track and monitor the issuance of individual housing loans, and pay close attention to the interest rate and down payment ratio of the first home loan and the implementation of the housing loan policy for non-local residents.
2. Financial institutions should strictly implement the differentiated housing credit policy, optimize the interest rate structure, and set reasonable prices to meet the loan demand of households for purchasing self-occupied ordinary commodity housing for the first time. According to industry insiders, it is unlikely that the credit policy of the first home will change, and it will still be implemented according to the preferential interest rate of 30% down payment and a minimum of 8.5%. Therefore, the first home buyers need not worry too much about the adjustment of the credit policy.
3. Support the reasonable credit demand of small and medium-sized ordinary commodity housing projects and government land purchasing and storage institutions, and promote the increase of effective market supply.
4. In the future, we should strengthen window guidance, guide banking financial institutions to continue to support the reasonable credit demand of government land reserve institutions and real estate development enterprises on the basis of preventing risks, pay attention to the capital situation of real estate enterprises and its impact on loan quality, and continue to track the changes in real estate financing structure and the trend of foreign capital inflow.
5. It is necessary to improve the financial service level of affordable housing projects, urge banking financial institutions to issue loans to eligible affordable housing projects in a timely manner on the basis of strengthening management and preventing risks, and support qualified enterprises to issue medium-term notes and other bond financing tools in the inter-bank bond market, which will be used exclusively for the construction of affordable housing projects.
What is the loan interest rate of mortgage now?
1. Short-term loan: the interest rate is 4.35% within six months (including six months) and 4.35% from six months to one year (including one year);
2. Medium and long-term loans: the interest rate for one to five years (including five years) is 4.75%, and the interest rate for more than five years is 4.90%;
3. Provident fund loan: the interest rate for less than five years (including five years) is 2.75%, and the interest rate for more than five years is 3.25%.
The above is the current mortgage benchmark interest rate.
Different loan methods have different interest rates, among which the interest rate of provident fund loans will be relatively low. The longer the loan term, the higher the loan interest rate, and all banks will float above the benchmark interest rate of the central bank. In order to help you understand the specific content, let's explain in detail the mortgage interest rates of major banks in 2022.
In 2022, the interest rate of central bank loans will be 4.35% within one year (including one year), 4.75% within one to five years (including five years), and 4.9% for loans over five years. For individual housing provident fund loans, the loan interest rate for five years and below is 2.75%, and the loan interest rate for five years and above is 3.25%.
The average mortgage is more than five years, and most provident fund loans are not enough to support the current total mortgage, so the interest rate of commercial loans is the most representative.
Then, let's look at the floating level of commercial banks.
We can see that the central bank's loan interest rate for more than five years is 4.9%, which has returned to the level of about 20 15.
At present, the major banks in China are Bank of China, Industrial and Commercial Bank of China, China Construction Bank, Agricultural Bank, Bank of Communications and Postal Savings Bank. These relatively large bank loan interest rates are based on the benchmark interest rate of the central bank.
What is the lowest mortgage interest rate in history?
The lowest mortgage interest rate in history appeared in September 2005, when the interest rate was only 4.08%. Subsequently, the low interest rate in 2009 and 20 10 remained between 4.58% and 4.78%.