If the property of husband and wife is used as mortgage loan, the mortgage loan contract is valid only if both parties sign it.
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Personal housing mortgage loan means that the applicant applies for a loan from the bank with his own housing property rights as collateral, and the loan funds can be used for personal consumption and operation.
Personal housing mortgage loan is different from personal housing mortgage loan. Personal housing loan refers to the loan issued by the bank to the borrower for the purchase of ordinary housing for personal use. The borrower must provide a guarantee when applying for a personal housing loan.
If the individual mortgage loan fails to repay as agreed within the mortgage period, the bank will recover the property and obtain the ownership of the house, and at the same time, it can auction the illegal money according to law.
Mortgage is divided into two forms: maximum mortgage and traditional mortgage. Maximum mortgage means that the mortgagor and the mortgagee agree to use collateral to guarantee the creditor's rights that occur continuously in a certain period of time, which is a new mortgage system different from the traditional mortgage system. Compared with the traditional mortgage system, the difference lies in:
(1) The creditor's rights secured by the maximum mortgage amount are uncertain creditor's rights;
(2) The creditor's rights secured by the maximum mortgage are usually future creditor's rights;
(3) if there is a maximum mortgage, it must exceed the maximum payment;
(4) The maximum mortgage shall not be transferred with the transfer of the principal creditor's rights. Although the maximum mortgage is more independent than the traditional mortgage, it still belongs to the collateral, and its establishment mode and effect are not essentially different from the traditional mortgage.
Application materials:
(1) When the borrower applies for the maximum mortgage loan for individual housing with newly purchased housing or unsecured self-owned housing as the maximum mortgage, it shall provide; Identification materials; Proof of solvency; Down payment invoice; In the "application for individual housing loan", the application for maximum mortgage loan for individual housing is put forward.
(2) If the original mortgage loan in China Construction Bank is converted into the maximum mortgage loan for individual housing, the customer needs to fill in the Application Form for the Maximum Mortgage Loan for Individual Housing of China Construction Bank, and provide proof of identity, marital status and solvency to the loan bank (if the above materials are already in the original loan application form and there is no change when applying for the maximum mortgage loan, they can no longer be provided); Certificate of house ownership; Mortgaged property * * * A statement that someone agrees to handle the maximum mortgage; The original loan contract of the original housing mortgage loan.
(3) If the original mortgage loan from other banks is converted into the maximum mortgage loan, the borrower needs to fill in the Application Form for the Maximum Mortgage Loan for Personal Housing of China Construction Bank and provide the lender with: the borrower's identity certificate and marital status certificate; Proof of the borrower's solvency; Certificate of house ownership; Mortgaged property * * * A statement that someone agrees to handle the maximum mortgage; The original loan contract of the original housing mortgage loan; The repayment record of the original housing mortgage loan in the past year.