Legal analysis: mortgage loan cannot be used to buy a house. Housing mortgage loan has the following points: 1. No matter whether the credit record is good or not, banks will pay special attention to the credit record of borrowers when approving housing mortgage loans, and generally choose borrowers with good reputation to cooperate; 2. The property mortgaged to the bank must have liquidity, otherwise the bank will not accept the application; 3. Whether there is sufficient repayment ability; 4. In addition to the property under my name, the property under the name provided by the borrower can also be recognized by the bank.
Legal basis: Article 39 of the Law of People's Republic of China (PRC) Commercial Bank stipulates that commercial banks shall abide by the following provisions on asset-liability ratio management: (1) The capital adequacy ratio shall not be less than 8%; (2) The ratio of loan balance to deposit balance shall not exceed 75%; (3) The ratio of the balance of current assets to the balance of current liabilities shall not be less than 25%. (4) The ratio of the loan balance to the capital balance of a commercial bank to the same borrower shall not exceed 10%. (5) Other provisions of the State Council Banking Regulatory Authority on asset-liability ratio management. If the asset-liability ratio of a commercial bank established before the implementation of this law does not meet the provisions of the preceding paragraph after the implementation of this law, it shall meet the provisions of the preceding paragraph within a certain period of time. Specific measures shall be formulated by the State Council.
Is it cost-effective to buy a house with a mortgage?
In terms of loan interest rate, it is cost-effective. As we all know, when banks apply for loans, the loan interest rates of different products will be different.
The mortgage interest rate is definitely higher than the mortgage interest rate. The average interest rate of 202 1 first home loan is above 5.8%, while the mortgage interest rate is generally around 5%.
Suppose A wants to buy a house with a price of 6,543,800 yuan. If A chooses to buy a house loan, A is prepared to make a down payment of 300,000 yuan and needs to apply for a mortgage of 700,000 yuan.
According to the loan interest rate of 5.8%, if the loan term is 30 years, the loan interest that Party A * * * needs to bear is about 1.2 million.
And if A buys a house in full and then mortgages the house, the high probability is that the loan amount is about 700,000, and the loan interest rate is about 5%.
Of course, the bank will not allow A to apply for a 30-year mortgage loan. According to the calculation of 10 year, A * * * needs to bear the interest of about 350,000 yuan.
In addition to saving interest, if you buy a house in full before mortgage, you can also save a tax, and because the buyer buys a house in full, you can also negotiate the price of the house with the developer.
And the general approval period of mortgage loan is 1-2 months, and the approval period of mortgage loan is 2-3 working days.
Mortgage, also known as house mortgage. Mortgage means that the buyer fills in the mortgage loan application form to the bank and provides legal documents such as ID card, income certificate, house sales contract and guarantee letter. The bank promises to grant loans to the buyer after passing the examination, and handle the notarization of real estate mortgage registration according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the seller's account within the time limit stipulated in the contract.
housing loans
Personal housing loan refers to the loan issued by the bank to the borrower for purchasing ordinary housing for personal use. The borrower must provide a guarantee when applying for a personal housing loan. Personal housing loans mainly include entrusted loans, self-operated loans and portfolio loans. entrusted loan
Entrusted loans for individual housing refer to loans issued by banks to individuals who purchase ordinary housing according to regulations, and the source of funds is housing provident fund deposits. Also known as provident fund loans.
Self-operated loan
Personal housing self-operated loans are loans granted to individual buyers with bank credit funds as the source. Also known as commercial personal housing loans, the loan names of banks are different. China Construction Bank is called individual housing loan, and Industrial and Commercial Bank and Agricultural Bank are called individual housing guarantee loan.
Consortium lending
Personal housing portfolio loan refers to a loan issued to the same borrower with housing provident fund deposits and credit funds for the purchase of self-occupied ordinary housing, which is a combination of personal housing entrusted loans and self-operated loans. In addition, there are housing savings loans and mortgage loans.
Mortgage repayment methods: average capital, equal principal and interest, biweekly payment, etc.
Loan amount: 80% of the value of the loanable property after being audited by the bank.
Mortgage down payment: 30% down payment for the first home mortgage loan and 50% down payment for the second home mortgage loan.
Loan life: 30 years for first-hand houses and 20 years for second-hand houses. At the same time, the loan period plus the applicant's age must not exceed 70 years old.
Loan interest rate: the benchmark interest rate of the first home loan for more than five years is 6.55%, and the interest rate of the second home loan is 7.26% when the benchmark interest rate rises 1. 1 times.
way
There are three ways of housing loans, namely, bank commercial loans, provident fund loans and portfolio loans.
Can mortgage be used to buy a house?
Mortgage loans cannot be used to buy a house. Banks strictly monitor the flow of funds in post-loan management, strictly restrict the loan funds from entering the real estate market, and immediately recover the funds once the banks find out. In order to prevent real estate speculators from lending real estate and driving up housing prices, loan funds are not allowed to enter the real estate market. After using the house as a mortgage loan, the bank will issue a bank card that cannot be withdrawn and can only be used for specified purposes. Cary's money can't be used to buy a house. Generally speaking, when a customer buys a house, the funds will enter the supervision account of the developer. It is not feasible for customers to buy a house with this card. Now banks have strict supervision over the use of loans, and borrowers cannot use loans for purposes prohibited by banks. Otherwise, once the bank finds out, it has the right to recover the loan, and the borrower is not worth the loss.
legal ground
Article 36 The mortgaged real estate shall be owned and managed by the mortgagor. The mortgagor shall maintain the safety and integrity of the mortgaged real estate during the possession and management of the mortgaged real estate. The mortgagee has the right to supervise and inspect the management of mortgaged real estate in accordance with the provisions of the mortgage contract.
What are the conditions for real estate license loan? What procedures and materials do you need to buy a house with real estate license and mortgage loan?
The conditions required for the real estate license loan are: mortgage property requirements: the property rights of the house should be clear, meet the listing and trading conditions stipulated by the state, and can enter the real estate market without other mortgages. The mortgage loan cannot exceed 40 years, the house is not included in the urban transformation plan, and there are real estate licenses and land certificates issued by the national real estate department. Among them, the properties with outstanding loans, some purchased public houses, affordable houses with less than 5 years, and small property houses without real estate licenses are all unable to obtain mortgage loans. After the above conditions are met, the process of buying a house with real estate license mortgage loan: 1. Prepare all the information needed by the bank. Including husband and wife's ID card, household registration book, real estate license, marriage certificate, purchase contract or invoice, and bank statement of personal account in the last six months. 2. After the lender submits, the bank will review the information, and if the information is wrong or incomplete, it will ask the lender to resubmit it. 3. After approval, the lender will hand over the property right certificate of the collateral to the bank for safekeeping. 4. The borrower and the borrower signed the Housing Mortgage Loan Contract and notarized it. After notarization, the loan was successful and the bank began to transfer money to the lender. The lender needs to repay the bank on schedule every month until it is paid off.
Is mortgage to buy a house feasible?
It is not feasible to buy a house with a mortgage loan.
House mortgage loan can't be used to buy a house. Housing mortgage loan is a kind of consumer loan, which belongs to consumer mortgage loan. The bank put forward some requirements for the use of this loan. If the loan is used to buy a house, it is generally not allowed at present. On the one hand, it is also to prevent real estate speculators from using space to borrow real estate, on the other hand, it is also for the needs of the property market regulation policy.
This kind of loan method is to mortgage the real estate in one's own name to the bank as collateral, thus lending a relatively large amount, which can be used to buy a new house, a car, investment and so on. However, it also has some limitations. Its interest rate will be much higher than that of mortgage loan to buy a house, and the loan time will be much shorter than that of mortgage.
Problems needing attention in housing mortgage loan
Pay attention to the decoration, location and obsolescence of the house. If the location is too remote and there is no decoration, the old house cannot be loaned. In other words, we should pay attention to the liquidity and overall value of the house, because ordinary banks have restrictions on the loan amount, and it is difficult to handle loans below 6,543,800 yuan.
Pay attention to whether the housing structure has changed and whether the use of the housing ownership certificate is consistent, otherwise the loan cannot be processed; There is also whether the address on the house ownership certificate is consistent with the actual address. If not, you need to issue a certificate of address change to the neighborhood Committee where the house is located before you can apply for a house loan.