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What are the individual housing mortgage loan contracts?
In the personal housing loan business, the borrower and the bank need to sign a written housing mortgage loan contract, which mainly includes mortgage contract and loan contract. The loan contract shall include: (1) the type and purpose of the loan. Loans are mortgage loans, which can only be used for buying, building and repairing self-occupied houses, and cannot be used for other purposes. (2) loan amount and interest rate. The maximum loan amount can only reach 70% of the investment in house purchase or housing construction, and the loan interest rate shall be implemented in accordance with the relevant provisions of the People's Bank of China. (3) loan term and repayment method. The loan period is generally not more than ten years. Generally, there are two repayment methods: monthly average repayment method and progressive repayment method. The monthly average repayment method refers to the full repayment of loan principal and interest with equal repayment amount every month within the loan term; Progressive repayment method refers to increasing the repayment amount year by year or every few years during the loan period, but repaying the loan principal and interest with the same repayment amount every year or every month for several years. (4) Alteration and dissolution of the contract. If the loan contract needs to be modified or terminated, it must be agreed by both parties through consultation. Before both parties reach an agreement, the original loan contract will remain valid. (5) Liability for breach of contract. For the lender, its breach of contract mainly means that the borrower fails to deliver the money to the borrower on time as agreed in the contract; For the borrower, there are many possible defaults, mainly including the following behaviors: ① the borrower cannot repay the principal and interest on time; ② The borrower provides false documents to the lender; (8) The borrower changes the purpose of the loan and misappropriates the loan without the consent of the lender; (4) The borrower rents, sells, transfers, presents or re-mortgages the mortgaged house without the consent of the lender; The borrower uses the loan to engage in activities that violate national policies and laws; 6. Obtaining loans from two or more branches of the same lender. The mortgage contract shall include the following contents: (1) the type and amount of secured creditor's rights. The secured principal creditor's right is the housing loan amount, that is, the loan amount. (2) the time limit for the debtor to perform the debt. The time limit for the debtor to perform the debt is actually the time limit for borrowing. (3) Name, quantity, quality, condition, location, ownership or right to use the mortgaged property. (4) The scope of mortgage guarantee. The scope of mortgage guarantee includes principal creditor's rights and interest, liquidated damages, damages and expenses for realizing mortgage right. (5) Other matters that the mortgagor and the mortgagor think need to be agreed. Under normal circumstances, borrowers and lenders will merge the loan contract and mortgage contract into a unified housing mortgage loan contract. Finally, Shanghai real estate lawyers need to point out that once the house is mortgaged, the original owner of the house still has the ownership and disposal right, but this right is restricted, so it can still be bought, sold and rented. In fact, the transfer and lease of the mortgaged house does not affect the rights of the mortgagee. The house is still the subject matter of mortgage, and any rights of the mortgagee have not been infringed.