First, how to write the mortgage loan of real estate license?
receipt for a loan
Lender: (hereinafter referred to as Party A)
Debtor: (hereinafter referred to as Party B)
Now Party A lends money to Party B. In order to avoid unnecessary losses and risks, and to bind both parties to abide by good faith, Party A and Party B sign the following loan agreement through consultation.
I. Loan amount, interest and term:
Party A grants a one-time loan of RMB (in figures) to Party B, and the loan period is one year (from year to year). No interest is charged during the loan period. At the expiration of one year, Party B shall repay the loan to Party A in one lump sum.
Second, other matters:
In order to make this agreement have more full legal effect, Party B voluntarily mortgages the house located in the facade to Party A, and Party B is responsible for handling the mortgage registration procedures. Real estate license number. , located on the * * * floor, with a building area of square meters, and the state-owned land use certificate number. :, located on the * * floor, with a land use area of square meters. The loan agreement between Party A and Party B is notarized by the notary office. If Party B fails to repay the loan to Party A within the due period, Party B will auction the site by Party A voluntarily. If it is auctioned, Party A has the preemptive right. If Party A fails to purchase it, Party A will give priority to the auction proceeds, and Party B has no objection. If Party B fails to repay the loan on time, it will voluntarily accept compulsory execution according to law. This agreement is made in triplicate, one for each party and one for the notary office. The signature of both parties under the notarization of the notary office has absolute legal effect.
Additional loan bill
I did borrow RMB 10000 yuan a year. This iou will take effect at the same time as the agreement.
Borrower:
date month year
Second, the real estate mortgage loan
1. Resident ID card, household registration book, marriage certificate, proof of borrower's repayment ability recognized by the loan bank, legal and effective housing contract, agreement and relevant approval documents, proof of ownership of collateral or pledge right, written certificate of consent of the person with disposition right to mortgage or pledge, letter of guarantee and credit certificate of guarantor, and relevant certificates of borrower's self-financing and housing sales (pre-sale) are required.
2. Basic conditions for applying for a loan
(1) A natural person with China nationality and full capacity for civil conduct;
(2) Holding valid identity documents;
(3) Having a stable and lawful source of income;
(4) The mortgaged property has a real estate certificate with clear property rights and can be listed and circulated;
(5) Other conditions stipulated by the bank.
When a loan relationship occurs, the creditor may require the debtor to provide a guarantee. If you can't provide a guarantor, you can also mortgage the house or vehicle at this time. The specific mortgage situation needs to be presented in the IOU. If the real estate license is used as a mortgage receipt, it is necessary to go through the mortgage formalities in time after the establishment of the loan relationship, otherwise the mortgage part will be invalid.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 394 stipulates that if the debtor or a third party mortgages the property to the creditor for the purpose of guaranteeing the performance of the debt without transferring the possession of the property, and if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be paid in priority 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.
Article 400 stipulates: To establish a mortgage, the parties shall conclude a mortgage contract in writing.
A mortgage contract generally includes the following clauses:
(1) The type and amount of secured creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) The name and quantity of the mortgaged property;
(4) the scope of the guarantee.