Commercial loans can be converted into provident fund loans, and can be converted into public loans when the provident fund expires.
Conditions for commercial loans to housing provident fund loans:
1. The loan applicant, spouse or property owner meets the housing provident fund loan conditions and has no outstanding housing provident fund loan;
2. The loan applicant and spouse or property owner have outstanding commercial housing loans;
3. The commercial housing loan of the borrower, spouse or property owner has not been overdue for more than 3 months continuously or accumulated for more than 6 months;
4. The house purchased by the commercial loan has obtained the house ownership certificate and the state-owned land use certificate;
5. The sub-loan business cannot form a portfolio loan.
Information to be provided when commercial loans are converted into provident fund loans:
1. Application form for transferring provident fund loans, proof of payment of housing provident fund or household registration book of housing provident fund, and proof of economic income of both husband and wife;
2. The original and photocopy of the ID card, household registration book and marital status certificate of both husband and wife (if unmarried, unmarried certificate is required);
3. The normal repayment record of commercial loans provided by the original commercial loan bank and the certificate of remaining loan amount (provided by the bank);
4. The original commercial housing sales contract is the original commercial loan, loan contract and mortgage contract signed with the original commercial loan bank.
Process of transferring commercial loans to provident fund loans:
1 Consultation application. Re-loan applicants consult with the original commercial loan bank and receive the Application Form for Transfer of Provident Fund Loan, and then fill it out and submit it to the original commercial loan bank for handling.
2. Submit materials for review. The lending bank shall review all the information of the sub-lending borrower and report it to the municipal capital center for approval;
3. sign the contract. After the approval of the municipal capital center, the loan bank and the loan borrower sign the provident fund loan contract and mortgage contract, and the loan borrower signs the guarantee contract with the guarantee company;
4. Fund advance deposit. Before the issuance of the provident fund loan, the re-lending borrower will deposit the difference between the provident fund loan and the original commercial loan into the deposit account of the original commercial loan bank with its own funds to settle the loan;
5. Change insurance. Re-loan borrowers hold the original commercial loan insurance policy to the insurance company to go through the formalities of changing household insurance, and the insurance beneficiary is changed from the original loan bank to the municipal capital center.
6. Transfer of funds. The municipal capital center allocates loan funds, and the loan bank simultaneously issues provident fund loans and settles the original commercial loans, and notifies the loan borrowers;
7. Repay on a monthly basis. The reloan borrower shall repay the loan on time every month from the month following the settlement of the original commercial loan until the loan is fully paid off;
8. Settlement of loan: When the borrower settles the last loan, I shall go to the loan bank in person and go through the repayment settlement procedures at the counter;
9. Cancellation of mortgage: After paying off all the loan principal and interest, the borrower shall go through the formalities of mortgage registration and cancellation at the original real estate mortgage registration department with the mortgage settlement certificate and cancellation certificate issued by the loan bank, the original house purchase contract or real estate license and personal ID card.
2. Can the state-owned land use certificate be loaned to the bank?
Yes, the state-owned land certificate can be mortgaged.
When it comes to the mortgage of state-owned land use rights, we should pay attention to the following legal issues:
1, the state-owned allocated land use right cannot be directly mortgaged for free:
Due to historical reasons, state-owned enterprises and collective enterprises occupy and use urban state-owned land. The above-mentioned enterprises only have the right to use this kind of land allocated for free, but they have no right to dispose of it, nor can they use the allocated land as collateral.
2, the premise of land use right mortgage:
Only when a real estate developer or enterprise signs a land transfer contract with the government, pays the land price and obtains a land use certificate, can it legally mortgage its land use right to obtain bank loans or other forms of funds. If the above legal conditions are not met, the mortgage of land use right is invalid.
3. The mortgage must have written documents:
When the land use right is mortgaged, the mortgagor and the mortgagee shall sign a mortgage agreement in accordance with the relevant laws of the state. Because the mortgage of land use right often involves a lot of money, any oral agreement is hasty and not serious, so any mortgage of land use right should be in written form and legal documents should be formulated.
4, the principle of land use rights and buildings on the ground:
When the land use right is mortgaged, the above-ground buildings, other attachments and all rights and interests are mortgaged together. Therefore, when signing the land use right mortgage agreement, the above-ground buildings, attachments and their rights and interests should be listed in detail.
5. Insurance issues:
If the land use right is mortgaged and there are buildings or other attachments on the land, the mortgagor shall go through the insurance formalities for the above-ground buildings, and indicate in the insurance policy that the mortgagee is the first beneficiary, and the term of the insurance contract shall be longer than the term of the mortgage agreement.
3. Can the state-owned land use certificate be loaned to the bank?
Yes, the state-owned land certificate can be mortgaged.
When it comes to the mortgage of state-owned land use rights, we should pay attention to the following legal issues:
1, the state-owned allocated land use right cannot be directly mortgaged for free:
Due to historical reasons, state-owned enterprises and collective enterprises occupy and use urban state-owned land. The above-mentioned enterprises only have the right to use this kind of land allocated for free, but they have no right to dispose of it, nor can they use the allocated land as collateral.
2, the premise of land use right mortgage:
Only when a real estate developer or enterprise signs a land transfer contract with the government, pays the land price and obtains a land use certificate, can it legally mortgage its land use right to obtain bank loans or other forms of funds. If the above legal conditions are not met, the mortgage of land use right is invalid.
3. The mortgage must have written documents:
When the land use right is mortgaged, the mortgagor and the mortgagee shall sign a mortgage agreement in accordance with the relevant laws of the state. Because the mortgage of land use right often involves a lot of money, any oral agreement is hasty and not serious, so any mortgage of land use right should be in written form and legal documents should be formulated.
4, the principle of land use rights and buildings on the ground:
When the land use right is mortgaged, the above-ground buildings, other attachments and all rights and interests are mortgaged together. Therefore, when signing the land use right mortgage agreement, the above-ground buildings, attachments and their rights and interests should be listed in detail.
5. Insurance issues:
If the land use right is mortgaged and there are buildings or other attachments on the land, the mortgagor shall go through the insurance formalities for the above-ground buildings, and indicate in the insurance policy that the mortgagee is the first beneficiary, and the term of the insurance contract shall be longer than the term of the mortgage agreement.
Four, the state-owned land use certificate can mortgage loans?
Legal analysis: State-owned land use certificate can be mortgaged, and this kind of mortgage method basically does not make small mortgage, and the amount is generally more than 500,000, but the regulations of each bank are different. For example, bank of tianjin does not allow it, while ICBC and banks in China can use state-owned land use certificates as collateral. The details shall be subject to the regulations of local banks.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 394 Where the debtor or a third party mortgages the property to the creditor for the purpose of guaranteeing the performance of the debt, and the debtor fails to perform the due debt or realize the mortgage right 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 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; Second, the right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and planes under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 400 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) Scope of guarantee.
Article 419 The mortgage shall be exercised during the limitation of action of the principal creditor's rights. If this right is not exercised, the people will not be protected.