1. Does it matter if the mortgage contract is not taken?
If the contract has been signed and the loan bank has also borrowed money, it doesn't matter whether the mortgage contract is taken or not, as long as the monthly payment is paid back on time.
But if conditions permit, it is best to get the contract and keep it yourself. You can ask the loan bank for it.
It doesn't matter if the mortgage contract has been signed and the loan bank hasn't taken the loan, the borrower can repay the loan principal and interest in full and on time according to the contract. In addition, the borrower can ask the loan bank to keep the mortgage contract itself to avoid the risk of subsequent disputes.
Article 29 of the General Rules for Loans:
All loans shall be signed by the lender and the borrower. The loan contract shall stipulate the loan type, loan purpose, amount, interest rate, loan term, repayment method, rights and obligations of both borrowers and borrowers, liabilities for breach of contract and other matters that both parties think need to be agreed. The guaranteed loan shall be signed by the guarantor and the lender, or the guarantor shall specify the guarantee terms agreed with the lender in the loan contract, affix the official seal of the guarantor as a legal person, and be signed by the legal representative of the guarantor or his authorized agent. Mortgages and pledged loans shall be signed by the mortgagor, the pledger and the lender. Where registration is required, it shall be registered according to law.
Second, what are the reasons for the rejection of housing loans?
1, industry attribute
When buying a house loan, fill in the first part of the personal credit report, including personal ID number, marital status, home address, occupation and even industry attributes.
Career stability is an important factor to judge whether to lend, but most people often ignore this point, and industry attributes also indicate personal credit risk.
2. Credit card, loans overdue
Generally speaking, the credit manager will focus on the credit situation in the last two years, and the overdue two years ago has been paid off, and the impact will not be too great; In addition, borrowers should also pay attention to overdue days and overdue days. If it exceeds 6 times in two years or the overdue days exceed 90 days, it will be greatly affected.
3. Attribute of loan issuing institution
If the threshold of loan applicants is sorted from high to low, it should be state-owned banks, joint-stock commercial banks, city commercial banks, agricultural banks, microfinance companies and so on. The higher the threshold, the better the borrower's personal qualifications.
Suppose in your past loan records, the lending institutions are all small loan companies or pawn shops, or they used to apply for loans from state-owned banks, but now they are all small loan companies with high interest rates. In these cases, the credit manager will focus on your personal risks and whether your qualifications are problematic.
4. Is the existing loan due?
When the borrower submits a personal loan application, the credit manager will check the previous loan in the credit record. If the borrower still has outstanding loans, even if the salary meets the requirements, the credit manager will reduce the approval of the loan amount according to the outstanding loans, or even directly refuse the loan.
Another point that can't be ignored is that if the borrower has a large loan due soon, the credit manager will also use it as a risk warning, focusing on the qualification for loan renewal and the operating conditions of the enterprise. Although it may not be rejected, the difficulty of approval is definitely another layer.
5. Have you often applied for credit cards or loans recently?
The fourth part of personal credit report has "inquiry record". Suppose you apply for a credit card or loan frequently recently, even if the loan hasn't arrived yet, the name of the inquiry institution, the inquiry time and the inquiry reason will be recorded in detail in the inquiry record.
Assuming that there are frequent applications, the credit manager will feel that the borrower's capital demand is very urgent and the lending risk is too high. Moreover, in the further audit, they will also focus on mining the unfavorable information of borrowers. If you can't handle the audit, this pass will be passed directly, which is why there is a saying that "the more institutional inquiries, the worse the loan application".
6. Is there any outstanding guarantee/joint guarantee loan?
Some borrowers like to be loyal to others. When they have difficulty in applying for a loan, they are obliged to run to the bank with their hands over their chests as guarantors. As everyone knows, your guarantee will not only be recorded in your personal credit report, but also affect your loan application. Assuming that the other party's loan has not been settled, or the loan has not been repaid, you will be invited out directly when applying for the loan.
Third, the problems that should be paid attention to when signing the mortgage contract
For convenience and reuse, most of the terms in the mortgage contract are pre-drawn and printed to form a standard contract. After reaching an agreement through consultation, several items will be left in the standard contract for both parties to fill in. Sometimes, although the bank and the buyers have agreed on the contents of the blank space, when the buyers sign it, either the blank space is not filled in, or the whole contract is not filled in. This habit of not filling in the whole contract when signing is called a "blank contract" for mortgage loans.
According to Article 39 of the Contract Law: "Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the terms exempting or limiting its liability, and explain the terms according to the requirements of the other party." That is to say, if the bank that provides format terms does not remind the buyer of the unequal format terms in these contracts, then these terms are not binding on consumers.
Article 40 of the Contract Law also specifically stipulates several other situations in which standard clauses are invalid. This article stipulates that if the party providing the format clause exempts its responsibility, aggravates the other party's responsibility and excludes the other party's main rights, the clause is invalid. In order to avoid the bank's conscious ambiguity in the interpretation of the unequal format clauses, there are differences in the interpretation of the unequal format clauses after signing the contract. When signing a mortgage contract, buyers must ask the bank to clearly explain these terms and even record them in case of emergency.
Finally, the buyer should refuse to sign an incomplete contract. When signing a contract, the buyer should confirm whether the contents of the contract, especially the blank clauses, are consistent with the agreement one by one, and then sign it. If there are any blanks that don't need to be filled in, they should be crossed out before signing. Because once signed, it is necessary to face the fact that the bank will fill in the blanks afterwards, which is inconsistent with the previous verbal agreement and is beneficial to property buyers. After signing the contract, even if the property buyers find that the contents filled in afterwards are inaccurate or even wrong, there will be disputes at this time, which is in a very unfavorable position due to difficulties in proof.