In the market, when people talk about mortgage loans, the first thing that comes to mind is banks. In fact, besides banks, people can also apply for mortgage loans. So, what are the procedures for private mortgage loans? What are the precautions for private loans? Next, let's take a look.
What are the procedures for private mortgage loans?
It is not difficult to understand that private property mortgage loan is a way to borrow money from people, not from banks, but from individuals, or from individuals to enterprises, with their own or third-party property as collateral. Funds can be used for operation, business turnover or other consumption. In addition, it should be noted that the property you own can still have the right to use the house, including living, operating or renting. Among them, the procedures of private mortgage loans generally have the following points:
(1) Apply for a loan. The purpose, amount and duration of the loan proposed by the borrower to the financial institution. If the loan application meets the loan scope of this financial institution, then you need to prepare the corresponding information.
(2) Prepare loan information (different materials will be provided according to different banks). Generally speaking, if it is a personal mortgage loan, you need to provide your own and your spouse's ID card, household registration book, income certificate, corresponding personal consumption contract, marital status certificate and house ownership certificate. If the enterprise needs to mortgage the real estate, the materials to be provided include: three certificates, account opening permit, articles of association, enterprise capital verification report, purchase and sale contract, running water of the last six months, financial statements of the previous year, financial statements of the last six months, and proof of assets.
Among them, this is a very important link in the process of real estate mortgage loan, because many customers are in urgent need of money when lending. If these materials can be prepared in advance, it will save a lot of trouble.
(3) Housing evaluation. After submitting the above materials, the bank shall conduct on-the-spot investigation and evaluation of the mortgaged property according to the submitted materials. Each link is an important link in the process of real estate mortgage loan, which directly determines the amount of your mortgage loan. Generally speaking, there will be some discrepancy between this assessment and the market price, because the assessment agency will consider multiple factors.
(4) apply for a loan. Submit all loan review materials and evaluation reports or investigation opinions to the bank for approval. At this time, the loan customer must pay attention to preparing all the information. If anything is omitted, it will affect the loan progress.
(5) notarization of loan contract. The borrower-level mortgagor fills in the loan contract and all relevant documents, signs them, and notarizes them by the notary.
(6) mortgage registration procedures. The bank goes to Chaquan for mortgage registration with the house ownership certificate and notarized loan contract.
(7) bank loans. Due to the different regulations of banks, loans will be made to the accounts of cooperative merchants in the form of cash, punch card or remittance.
(8) Repayment on schedule. This is an important link to establish a good credit. If the loan is repaid in full and on time, it will play a positive role in promoting the borrower to borrow again and find a job in the future.
(9) After the loan is settled, handle the account cancellation procedures. Note that after the loan is settled, go to the real estate bureau to go through the formalities of mortgage cancellation, so as to avoid unnecessary trouble in the future.
What are the procedures for private mortgage loans? What are the precautions for private loans? In view of these two problems, the above contents are briefly introduced and explained, hoping to help everyone.
What is the process of private loan mortgage?
Details are as follows:
Make signing documents such as I. Second-hand Housing (Land) Mortgage Loan Contract or Real Estate Mortgage Loan Contract or Guarantee/Guarantee Contract.
Verify in advance the authenticity of the identity of the property owner, that is, your uncle, understand the household registration information of the above-mentioned persons (that is, various relatives or identity relationships), consult the real estate registration book (that is, registration materials) of the city where the property is mortgaged, and consult the notarized power of attorney, appraisal certificate, house sales contract (second-hand house, first-hand house, auction house), etc.
Check and copy the original ID card, birth certificate, household registration book (or household registration certificate, household registration book, household registration book), marriage/divorce certificate (or divorce judgment, divorce mediation book, marriage certificate) of the borrower/mortgagor, and identify personal identity information and household registration relationship.
Explain and require the borrower/mortgagor to sign the second-hand house (land) mortgage loan contract or mortgage loan contract or guarantee/guarantee contract. Other signing documents include single commitment letter, spouse consent letter, self-occupation commitment letter, rental notice, power of attorney, etc. This link is very important and passed.
For those entrusted to sign a mortgage loan contract for second-hand (local) housing or a mortgage loan contract for real estate or a guarantee/guarantee contract and register the mortgage, it is necessary to carefully check the notarized or certified original power of attorney, check the location of the mortgaged property, entrusted matters, entrusted authority and other information, and remind the trustee in good faith according to the experience in handling the mortgage registration; At the same time, if we need to entrust our firm or a third party to handle mortgage registration, we must make an appointment with the notary office in advance to handle notarization procedures or inform them to go to the notary office by themselves afterwards.
What should we pay attention to in private loan mortgage?
Today, with the rapid development of economy, various trading methods appear. Sometimes, in order to get more economic benefits, people will have a loan relationship. If the loan amount is large, the creditor will ask the debtor in the loan relationship to provide certain guarantee for the loan in order to ensure the security of the creditor's rights, and the most common guarantee method is mortgage. Mortgage means that the mortgagor guarantees the creditor's rights with certain property without transferring the ownership of the property. When the debtor is unable to repay the debt, the creditor can auction, sell or discount this part of the mortgagor's property, and then discount the property to give priority to paying off his creditor's rights, thus ensuring the realization of the creditor's rights. Usually, mortgage requires a written mortgage contract, and the mortgagor and mortgagee are usually debtors and creditors in the debt-creditor relationship. As one of the guarantee methods, mortgage has the following characteristics. (a), China's "Civil Code" clearly stipulates that the establishment of mortgage, mortgage contract must be signed in writing. (2) The ownership of the mortgaged property is not transferred. Unlike pledge, mortgage does not need to transfer the possession of collateral. (3) The establishment of mortgage is to ensure the realization of creditor's rights. Therefore, when the debtor fails to pay off the debt within the time limit, the mortgagee, that is, the creditor, can auction, sell or discount the mortgaged property, and the proceeds from the auction, sale or discount will be paid first. There are three common types of mortgaged property: (1) real estate mortgage. Real estate mortgage refers to the mortgage given to creditors with real estate as collateral. Real estate, such as land and buildings on land, belong to real estate. (II) Chattel mortgage refers to the mortgage set for creditors with chattel as collateral. In our country, movable property is usually limited to special movable property such as transportation, but movable property is movable property, and its value will not be affected after moving. (III) Establishment of mortgage of specific property rights The establishment of mortgage of property rights refers to the mortgage of various property rights that can be used as collateral according to law for creditors. However, according to China's laws, property rights can only be pledged, not mortgaged. According to the nature and types of mortgage, natural persons should pay attention to the following points when setting mortgage for private lending: (1) Sign a written mortgage contract. It is difficult to prove that private lending by natural persons occurs. On the premise that there is collateral to guarantee the realization of creditor's rights, because there is no mortgage contract in the early stage, the realization of creditor's rights cannot be realized, and mortgage registration needs a mortgage contract. Registered mortgages are more restricted than unregistered mortgages. (2) To apply for mortgage registration at the Housing Authority, a property can be mortgaged for multiple times, and the secured creditor's rights have the priority to be repaid. However, when the property is mortgaged many times, the registered mortgage takes precedence over the unregistered mortgage. Therefore, when private loans are used for mortgage, you must go to the Housing Authority to handle the corresponding mortgage registration. The above are the matters that should be paid attention to when setting mortgage in private lending.
Mortgage process of private lending houses
The mortgage process of private lending houses is listed as follows: At present, private borrowers often use real estate as collateral when handling mortgage loans, so they generally sign private lending contracts through private lending intermediary service companies. However, when they apply for mortgage registration, they often waste a lot of time and energy because they are not clear about the specific conditions and procedures. In order to improve the efficiency of private borrowers for real estate mortgage registration, the following briefly introduces the private lending process of real estate mortgage. 1. The following conditions are required to register private lending mortgage: 1. There must be a private loan contract signed by the borrower. It is required that the parties who sign a contract must have the ability to sign a contract, and at the same time, it is required that the signing intention of the contract is true, the contract content is true and legal, the contract signing process is legal, and the contract signing is true. 2. Legal identification of the lender, mortgagor, husband and wife and borrower, such as the original ID card. 3. Both the borrower and the mortgagor should have household registration books. 4. Provide the borrower's marriage certificate, that is, the borrower's marriage certificate or the marriage registration certificate issued by the civil affairs department where the borrower is registered. 5. Provide the title certificate of the mortgaged property. It should be noted that the mortgaged property is generally required to be independent legal property with no other rights; The registered address of the mortgaged property must be consistent with the registered address of the mortgagor's household registration book. 6. The real estate appraisal report of the mortgaged property. It should be noted that the report must be a real estate appraisal report on the value of the property issued by a qualified appraisal agency. Two. The process of private lending for real estate mortgage is as follows: Lenders, borrowers and mortgagors (if the mortgaged real estate is owned by * * * *, there must be * * people present) must prepare a set of documents, certificates and their copies according to the above conditions, and go to the real estate trading center in the jurisdiction to handle the real estate mortgage registration in person. The parties should first fill in the Application Form for Real Estate Registration (mortgage certificate), and then submit their certificates, documents and application forms to the handling personnel of the real estate trading center for review. If the materials provided by the parties can pass the examination and meet the conditions for mortgage registration, the original of the Private Lending Contract and the real estate ownership certificate of the mortgaged property, as well as copies of other certificates and certificates, shall be kept in the real estate trading center, and the real estate trading center shall issue a receipt for mortgage registration, indicating that the initial registration is successful. After paying all the relevant fees within the specified time, the parties concerned can obtain other warrants of real estate, namely mortgage warrants, from the real estate trading center with the receipt of mortgage registration. In this way, the registration of private lending property mortgage was completed.
What are the conditions for private mortgage loans?
Property mortgage generally requires the following conditions:
1. The actual age of a natural person with full capacity for civil conduct on the loan maturity date is generally not more than 65 years old;
2. Have legal and valid identification (resident ID card, household registration book or other valid identification) and proof of marital status;
3. Have good information records and willingness to repay;
4. Have a proper occupation and a stable source of income, and have the ability to repay the loan principal and interest on schedule;
5. The property right of the mortgaged house shall be clear, meet the listing and trading conditions stipulated by the state, and can be traded in the real estate market without other mortgages. Mortgaged houses are not included in the local urban reconstruction plan, and there are real estate licenses and land certificates issued by real estate departments and land management departments;
6. Have the ability to pay the down payment of the purchased house; If the newly purchased house is used as the maximum mortgage, it must have a legal and effective purchase contract, the age of the house is within 10 years, and the down payment of not less than 30% of the total price of the purchased house has been prepared or paid; If the mortgage loan has been purchased and handled, the original mortgage loan has been repaid for more than one year, the loan balance is less than 60% of the value of the mortgaged house, and the mortgaged house has obtained the property ownership certificate, and the age of the house is within 10 year;
7. The borrower has a legal and effective purchase contract or agreement;
8. There is an effective guarantee recognized by the lender.
Extended data:
Loan means that banks, credit cooperatives and other institutions lend money to units or individuals who use money, and generally agree on interest and repayment date.
Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds.
Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development. At the same time, banks can also obtain loan interest income and increase their own accumulation.
I. Review risks
The emergence of loan risk often begins at the stage of loan review. Comprehensive judicial practice shows that the risks in the loan review stage mainly appear in the following links.
(1) The loan examiner of the bank was omitted from the review content, resulting in credit risk. Loan review is a meticulous work, which requires investigators to systematically investigate and inspect the qualifications, qualifications, credit and property status of loan subjects.
(2) In practice, some commercial banks do not have due diligence, and loan examiners often only pay attention to the identification of documents, lacking due diligence, so it is difficult to identify fraud in loans and it is easy to cause credit risk.
(3) Many wrong judgments are due to the fact that banks did not listen to experts' opinions on relevant contents, or professionals made professional judgments. In the process of loan review, we should not only find out the facts, but also make professional judgments on relevant facts from legal and financial aspects. In practice, most loan review processes are not very strict and in place.
Second, the legal content of the pre-loan investigation
(1) Review the legal status of the borrower, including its legal establishment and continuous and effective existence. If it is an enterprise, it shall examine whether the borrower is legally established and whether it has the qualifications and qualifications to engage in related businesses, and check the business license and qualification certificate. Pay attention to whether the relevant certificates have passed the annual inspection or related verification.
(2) Regarding the credit standing of the borrower, check whether the registered capital of the borrower is suitable for loans; Examine whether there is a clear situation in registered capital flight; Past loans and repayments; And whether the borrower's product quality, environmental protection, tax payment and other illegal conditions may affect the repayment.
(3) Regarding the borrower's loan situation, whether the borrower has opened basic account and general deposit accounts in accordance with relevant laws and regulations; Whether the foreign investment of the borrower (such as a company) exceeds 50% of its net assets; Whether the borrower's debt ratio meets the requirements of the lender;
(4) Regarding the guarantee, if it is a guarantee, the qualification, reputation and performance ability of the guarantor shall be investigated.
Is private mortgage legal?
Private mortgage loans that meet the conditions prescribed by law are legal. Civil mortgage loans, collateral is real estate, mortgage registration procedures should be handled, mortgage right is established at the time of registration. Collateral is movable property, and the mortgage right is established when the mortgage contract takes effect. Article 400th of the Civil Code of People's Republic of China (PRC) establishes a mortgage, and 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. Article 403 Where a chattel is mortgaged, the mortgage right shall be established when the mortgage contract comes into effect; Without registration, you may not be able to fight well-intentioned third parties. Article 402 Where the property specified in Items 1 to 3 of the first paragraph of Article 395 of this Law or the building under construction specified in Item 5 is mortgaged, the mortgage registration shall be handled. The mortgage is established at the time of registration.
This is the end of the introduction of private lending mortgage and private lending real estate mortgage. I wonder if you found the information you need from it?