Article 2 Personal housing loans (hereinafter referred to as loans) refer to loans granted by lenders to borrowers for purchasing ordinary housing for their own use. When a lender issues a personal housing loan, the borrower must provide a guarantee. If the borrower fails to repay the principal and interest of the loan at maturity, the lender has the right to dispose of its collateral or pledge according to law, or the guarantor shall be jointly and severally liable for repaying the principal and interest.
Article 3 These Measures shall apply to commercial banks and housing savings banks established with the approval of the People's Bank of China. Article 4 The loan object shall be a natural person with full capacity for civil conduct.
Article 5 A borrower must meet the following conditions at the same time: having a permanent residence in a town or a valid residence status; Two, a stable occupation and income, good credit, the ability to repay the loan principal and interest; Three, with the purchase of housing contracts or agreements; Four, do not enjoy the purchase subsidy to not less than 30% of the total price of the purchased house as the down payment; 30% of individuals who enjoy housing subsidies are down payment for housing purchases; Five, there are assets recognized by the lender as collateral or pledge, or units or individuals with sufficient compensation capacity as guarantors; 6. Other conditions stipulated by the lender.
Article 6 The borrower shall provide the lender with the following information: identity documents (referring to valid residence certificates such as resident identity cards and household registration books); 2. Proof of the stable income of the borrower's family; Three, in line with the provisions of the purchase contract letter of intent, agreement or other approval documents; Four, the list of collateral or pledge, proof of ownership and the certificate of consent of the authorized person to mortgage or pledge; Certificate of collateral valuation issued by the competent department; The guarantor agrees to provide written guarantee documents and the guarantor's credit certificate; Five, to apply for housing provident fund loans, you need to hold a certificate issued by the housing provident fund management department; 6. Other documents or materials required by the lender. Article 7 A borrower shall apply for a loan directly from the lender. The lender shall give a formal reply to the borrower within three weeks from the date of receiving the loan application and the materials that meet the requirements. After examination and approval, the lender shall issue housing loans to the borrower in accordance with the relevant provisions of the General Rules for Loans.
Article 8 The loan amount issued by the lender shall not exceed the value of the house purchased by the real estate appraisal agency.
Article 9 If the applicant applies for using the housing provident fund loan to purchase a house, after the loan application is approved, the lender will transfer the funds to the bank account opened by the selling unit according to the time stipulated in the loan contract. The maximum amount of housing provident fund loans shall not exceed 2 times the amount of housing provident fund deposits within the retirement age of borrowing family members. Article 10 The lender shall reasonably determine the loan term according to the actual situation, but the longest term shall not exceed 20 years.
Article 11 The borrower shall work out a repayment plan with the loan bank. If the loan term is within 65,438+0 years (including 65,438+0 years), the borrower will repay the principal and interest at maturity, and the interest will be paid with the principal. If the loan term exceeds 1 year, the principal and interest of the loan shall be repaid monthly.
Article 12 The interest rate of individual housing loans issued by credit funds shall be lowered (excluding floating) according to the legal loan interest rate. That is, if the loan term is less than 1 year (including 1 year), the legal loan interest rate of less than half a year (including half a year) shall be implemented; If the term is 1 to 3 years (including 3 years), the legal loan interest rate of 6 months to 1 year (including 1 year) shall be implemented; If the term is 3 to 5 years (including 5 years), the legal loan interest rate 1 to 3 years (including 3 years) shall be implemented; If the term is 5 to 10 years (including 10 years), the legal loan interest rate shall be implemented for 3 to 5 years (including 5 years); If the term is more than 10 year, it will rise appropriately on the basis of the legal loan interest rate of 3 to 5 years (including 5 years), and the maximum floating rate will not exceed 5%.
Thirteenth individual housing loan interest rate issued by the housing provident fund shall be implemented on the basis of three-month lump-sum deposit interest rate. If the loan term is 1 to 3 years (including 3 years), add 1? 8 percentage points; If the term is 3 to 5 years (including 5 years), add 2? 16 percentage point; If the term is 5 to 10 years (inclusive), add 2? 34 percentage points; If the term is from 10 to 15 (inclusive), add 2? 88 percentage points; If the term is 15 to 20 years (including 20 years), add 3? 42 percentage points.
Fourteenth individual housing loans 1 year (including 1 year), the contract interest rate, in case of legal interest rate adjustment, interest-free by stages; If the loan term exceeds 1 year, if the legal interest rate is adjusted, the new interest rate regulations will be implemented at the beginning of next year according to the corresponding interest rate grades. Fifteenth loan collateral shall comply with the provisions of Article 34 of the Guarantee Law of People's Republic of China (PRC). Property that cannot be mortgaged as stipulated in Article 37 of the Guarantee Law of People's Republic of China (PRC) shall not be used for loan mortgage.
Article 16 If the borrower takes the purchased house as collateral for the loan, it must take the full value of the purchased house as collateral for the loan.
Article 17 Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract and go through the mortgage registration formalities at the department designated by the local people's government at or above the county level before the loan. The relevant contents of the mortgage contract shall be determined in accordance with the provisions of Article 39 of the Guarantee Law of People's Republic of China (PRC).
Article 18 The borrower shall properly keep the mortgaged property during the mortgage period, be responsible for repairing, maintaining and ensuring its integrity, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization.
Article 19 During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender.
Article 20 A mortgage contract shall take effect from the date of registration of the collateral and shall be terminated when the borrower pays off all the loan principal and interest. After the termination of the mortgage contract, the parties shall terminate the mortgage right according to the contract. Where real estate is mortgaged, when the mortgage right is lifted, the mortgage cancellation registration formalities shall be handled at the original registration department. Article 21 In case of pledge, the pledgor and the pledgee must sign a written pledge contract. According to the "People's Republic of China (PRC) Guarantee Law" need to register, it shall go through the registration formalities. The relevant contents of the pledge contract shall be implemented in accordance with Article 65 of the Guarantee Law of People's Republic of China (PRC). The effective date shall be implemented in accordance with the provisions of Articles 76 to 79. When the borrower pays off all the loan principal and interest, the pledge contract is terminated.
Twenty-second before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation.
Article 23 If the borrower fails to provide the mortgage (pledge) in full, a third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, he must have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank.
Article 24 A surety and a creditor shall conclude a suretyship contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked. Article 25 Where real estate is used as collateral, the borrower shall go through relevant insurance formalities in home insurance or entrust the lender before signing the contract. During the mortgage period, the insurance policy shall be kept by the lender.
Article 26 During the mortgage period, the borrower shall not interrupt or cancel the insurance for any reason; During the insurance period, if the borrower's fault causes damage beyond the scope of insurance liability, the borrower shall bear all the responsibilities. Article 27 Where a loan contract needs to be changed, it must be agreed by both borrowers and borrowers through consultation, and a change agreement shall be signed according to law.
Article 28 If the borrower dies, is declared missing or loses the capacity for civil conduct, the legal heir of his property will continue to perform the loan contract signed by the borrower.
Article 29 When the guarantor loses the guarantee qualification and ability, or is merged, divided or bankrupt, the borrower shall replace the guarantor and go through the guarantee formalities again.
Article 30 After the mortgagor or pledgor repays all the loan principal and interest as agreed in this contract, the mortgage or pledge shall be returned to the mortgagor or pledgor, and the loan contract shall be terminated. Article 31 If the borrower dies, disappears or loses civil capacity during the repayment period, and there is no heir or legatee, or his legal successor or legatee refuses to perform the loan contract, the lender has the right to dispose of the collateral or pledge in accordance with the provisions of the Guarantee Law of People's Republic of China (PRC).
Article 32 If the price of the collateral or pledge is insufficient to repay the principal and interest of the loan, the lender has the right to recover from the debtor; If the price exceeds the repayable part, the lender shall return the price to the mortgagor or pledger.
Thirty-third auction allocated state-owned land use rights, after paying the amount equivalent to the land use right transfer fee payable according to law, the mortgagee has the priority to be compensated.
Article 34 In the event of a dispute over a loan contract, the borrower and the lender shall settle it through consultation in time. If negotiation fails, either party may apply for arbitration or bring a lawsuit to the people's court according to law.
Article 35 If the borrower is under any of the following circumstances, the lender shall investigate the borrower's liability for breach of contract according to the relevant provisions of the General Rules for Loans of the People's Bank of China: the borrower fails to repay the loan principal and interest on schedule; Two, the borrower provides false documents or information, which has caused or may cause loan losses; 3. Without the consent of the lender, the borrower dismantles, sells, transfers, donates or repeatedly mortgages or pledges the property or rights and interests; 4. The borrower arbitrarily changes the purpose of the loan and misappropriates the loan; Five, the borrower refuses or obstructs the lender to supervise and inspect the use of the loan; Six, the borrower and other legal persons or economic organizations signed a contract or agreement that is detrimental to the rights and interests of the lender; Seven. The guarantor violates the guarantee contract or loses the ability to bear joint and several liabilities, the collateral is not enough to pay off the principal and interest of the loan due to accidental damage, and the pledge is obviously reduced, which affects the lender's realization of the pledge right, while the borrower fails to implement the new guarantee or new mortgage (pledge) as required. Thirty-sixth individual housing loans shall not be used to buy luxury housing. Housing renovation and self-built housing loans for urban residents shall be implemented with reference to these measures.
Article 37 Lenders may formulate detailed rules for implementation according to these Measures and report them to the People's Bank of China for the record.
Article 38 The People's Bank of China shall be responsible for the interpretation and revision of these Measures.
Article 39 These Measures shall come into force as of the date of promulgation. The relevant provisions that conflict with these measures shall be abolished at the same time.