Measures for the Administration of Real Estate Development Loans of China Bank Chapter I General Provisions Article 1 In order to support the development and operation of commercial housing in China, strengthen the management of real estate loans, and protect the legitimate rights and interests of both borrowers and borrowers, according to Article 2 of the Law of People's Republic of China (PRC) Commercial Bank, the Law of the People's Republic of China on Economic Contracts, the Law of People's Republic of China (PRC) on Guarantee, the General Principles of Loans and the Interim Administrative Measures for Self-operated Housing Loans of Commercial Banks, the issuance of various types of real estate development loans must conform to the national industrial and credit policies and follow the General Principles of Loans. Article 3 These Measures shall apply to all kinds of development real estate loans issued by domestic branches of China Bank (excluding Hong Kong and Macao branches). Chapter II Loan Object and Purpose Article 4 Loan Object. All kinds of real estate development enterprises approved by the state real estate authorities, registered in the administrative department for industry and commerce, and obtained the business license of enterprise legal person and the qualification certificate of real estate development enterprises issued by the industry authorities. Article 5 the purpose of the loan. Funds needed to support real estate development enterprises to engage in housing development, commercial housing development, real estate land development and supporting facilities construction. Chapter III Types and Conditions of Loans Article 6 Types of loans. The types of real estate development loans mainly include housing development loans, commercial housing development loans and other real estate development loans. (1) Housing development loans refer to loans issued by banks to real estate development enterprises for the development and construction of housing for market sales. (2) Commercial housing development loans refer to loans issued by banks to real estate development enterprises for development, construction and sales to the market, which are mainly used for commercial activities rather than family housing. (3) Other real estate development loans refer to real estate loans such as land development and building decoration except housing and commercial housing development loans. Article 7 loan conditions. To apply for a real estate development loan, the borrower shall meet the following conditions: (1) Meet the conditions of the loan object stipulated in Article 4 of these Measures; (two) a sound management organization, qualified leadership and strict management system; (3) The enterprise is in good credit and financial condition and has the ability to repay the loan principal and interest; (4) Opening a basic settlement account or a general deposit account in China Bank, and handling settlement business in China Bank; (5) The land use right of the loan project has been obtained, and the termination time of the land use right is longer than the loan termination time; (six) has obtained the loan project planning investment permit, construction permit, construction permit, domestic and foreign export housing permit, and completed the project procedures, all project documents are complete, true and effective; (seven) the application of the loan project is consistent with its functions and can effectively meet the needs of the local real estate market; (eight) the project budget and construction plan of the loan project comply with the relevant provisions of the state and local governments. The total investment in the project budget can meet the needs of additional budget due to inflation and unpredictability before the completion of the project; (nine) has a certain proportion of its own funds (generally should reach 30% of the total investment in the project budget), and can be invested in the project construction before the bank loan; (10) Pledge (pledge) the property to Bank of China or implement joint liability guarantee acceptable to Bank of China; (eleven) the implementation of other loan conditions stipulated by the Bank of China. Article 8 The borrower shall submit the following documents, certificates and materials to the Bank of China: (1) Application for loan. Its main contents include: the name, amount, purpose, term, payment plan and repayment source of the loan project. (2) A copy of the borrower's business license, articles of association, qualification certificate and credit certification materials. (3) Financial statements of the last three years and the last month approved by the competent department or accounting (auditing) firm. (four) the development plan or feasibility study report of the loan project. (five) approval documents for development projects and engineering design. (six) land use right certificate, land use right transfer contract and construction contract. (seven) the resolutions and authorization letters of the board of directors of the enterprise or the corresponding decision-making bodies on loan, mortgage and guarantee. (eight) the development project funds to implement the document. (nine) the cash flow forecast table of the development project and the sales and pre-sale objects, sales prices and plans. (10) Asset appraisal report, appraisal report, insurance policy, list of mortgaged (pledged) properties (except securities), ownership certificate, and commitment letter of mortgagor (pledger) agreeing to mortgage (pledge). (eleven) the credit certificate of the repayment guarantor. (12) Other supporting documents and materials required by the lender. Chapter IV Term of Loan and Interest Rate Article 9 Term of Loan. (a) housing development loans, the longest not more than three years (including three years); (two) commercial housing development loans, the longest not more than five years (including five years); (three) other real estate development loans, the longest not more than five years (including five years). Article 10 loan interest rate. The interest rates of RMB housing development loans, commercial housing development loans, other real estate development loans and housing projects shall be subject to the relevant loan interest rates announced by the People's Bank of China; The interest rates of housing development loans, commercial housing development loans and other real estate development loans shall be subject to the foreign exchange loan interest rate published by the Bank of China. Chapter V Loan Guarantee and Insurance Article 11 When applying for a real estate development loan, a borrower shall provide a property mortgage (pledge) recognized by the lender or an irrevocable joint liability guarantee of a third party before signing a loan contract. Article 12 The mortgage (pledge) provided by the borrower shall comply with the provisions of Articles 34, 37 and 75 of the Guarantee Law of People's Republic of China (PRC). With real estate as collateral, it should also comply with the "People's Republic of China (PRC) city real estate mortgage management measures" and the provisions of the Ministry of construction. Article 13 If the borrower and the lender adopt the pledge method through negotiation, the pledger and the pledgee must sign a written pledge contract. "People's Republic of China (PRC) Guarantee Law" requires registration, it shall go through the registration formalities; If the lender thinks notarization is necessary, the borrower (or pledger) shall go through notarization procedures. Article 14 If the mortgaged (pledged) property needs to be appraised, it may be appraised by the lending bank or entrusted by an asset appraisal institution recognized by the lender. The amount of mortgage loan shall not exceed 70% of the value of mortgaged property; If the land use right is used as collateral, the validity of the mortgage contract shall be longer than the loan period, and the mortgage period shall be determined by subtracting the remaining years from the service life of the land use right transfer contract. Article 15 During the mortgage period, the borrower shall not transfer, sell or mortgage (pledge) the mortgaged property again without the consent of the lender, and shall not report the loss of the pledged securities for any reason without the verification and consent of the pledgee. Article 16 If the borrower and the lender agree to adopt the method of guarantee, the borrower shall provide a third-party guarantor recognized by the lender. The guarantee provided by the third party guarantor is irrevocable and fully effective joint liability guarantee. A guarantee contract shall be signed between the borrower, the guarantor and the lender. Article 17 When the affiliation, nature, name and address of the borrower and the guarantor change, they shall notify the lender 30 days in advance and re-sign the revised loan contract and loan guarantee contract with the lender. Eighteenth real estate development loan mortgage (pledge) appraisal registration fee and loan contract notarization fee shall be borne by the borrower; The lender may charge the borrower a one-time safekeeping fee for the pledged goods and safekeeping goods. Article 19 A borrower applying for a development loan shall, before signing a loan contract, insure with an insurance company according to the types of insurance specified by the lender. The insurance period shall not be shorter than the loan period, the insurance amount shall not be lower than the loan principal and interest amount, and the insurance policy shall not contain restrictive clauses that damage the lender's rights and interests, and make it clear that the lender is the first beneficiary of the insurance. All expenses required for insurance shall be borne by the borrower. Article 20 During the insurance period, the insurance policy shall be kept by the lender. During the validity period of the insurance, the borrower shall not interrupt or cancel the insurance for any reason. If the insurance is interrupted, the lender has the right to take out the insurance on its behalf, and all expenses shall be borne by the borrower. Chapter VI Approval and Issuance of Loans Article 21 A borrower applying for a real estate development loan must fill in a written application and submit all the documents and materials specified in Article 8 of these Measures to the lending bank. Article 22 After the borrower applies for a loan and provides relevant documents and materials that meet the requirements, the lender shall examine and approve the loan according to the loan examination and approval procedures, and give a timely reply to the borrower within the prescribed time limit. Twenty-third after the loan application is approved, the borrower shall sign a loan contract with the loan bank in time and go through the formalities of using the money. Failing to sign the loan contract and go through the formalities of using the money within the time limit, the original approved loan application may be revoked or deemed invalid. Article 24 The loan plan approved by the lender shall be incorporated into the loan contract. The lender shall issue the loan according to the contract and the approved payment plan. When the Borrower needs to adjust the payment plan, it shall submit a written proposal to the Lender within 15 working days before the adjustment plan, and the payment plan can be adjusted only after the approval of the Lender. Twenty-fifth according to the relevant provisions of the state, the proportion of self-owned funds for real estate development loan projects is generally 30%, and the proportion of self-owned funds for national housing project loan projects is 60%. The borrower must timely and fully deposit its own funds in the loan bank or put them into use in the early stage of the project according to the prescribed proportion. If the borrower's own funds are not fully in place, the lender will not approve the loan. Chapter VII Use and Repayment of Loans Article 26 The borrower must use the loan in accordance with the contract. If the borrower violates the provisions of the loan contract, the lender has the right to stop the loan and recover part or all of the loan in advance. For the part of the loan that is not used according to the purpose stipulated in the contract, interest shall be collected or charged according to the relevant provisions of the People's Bank of China. Article 27. If the borrower fails to use the money or prepay the loan according to the plan agreed in the loan contract, it shall pay the fees to the lender at the promised interest rate agreed by both parties. Article 28 A borrower must open a basic settlement account or a general deposit account with a loan bank. Except with the consent of the lender, all fund transactions of the borrower shall be handled through the basic settlement account or general deposit account. In case of violation of regulations, the lender has the right to stop lending or recover the loan, and add interest to the misappropriated loan. Twenty-ninth lenders have the right to supervise and manage the borrower's own funds invested in loan projects. The borrower's own funds and bank credit funds invested in the project must be earmarked. If the borrower misappropriates or changes the use of funds without authorization, the lender has the right to recover the loan and charge interest. Article 30 The borrower shall repay the principal and interest of the loan according to the repayment method and time limit agreed in this contract. If the borrower fails to repay the loan principal within the time limit stipulated in this contract, it shall apply to the lender for extension 30 working days in advance. After the application for extension is approved by the lender, the borrower and the lender shall sign an extension agreement. And handle mortgage (pledge) registration and insurance extension procedures. The extension agreement shall come into effect after the written consent of the mortgagor and the guarantor. Article 31 Interest shall be charged on the portion of the loan that has not been repaid at maturity or has not been approved for extension according to the relevant regulations of the People's Bank of China, and may be directly deducted from its deposit account or paid off with its collateral. If a third party guarantee is adopted, the guarantor shall be notified to repay it on his behalf. If the guarantor fails to perform the guarantee responsibility, the lender may directly deduct it from his deposit account or safeguard his rights and interests through legal means. Chapter VIII Loan Management and Assessment Article 32 Lenders shall strengthen the management of real estate development loans, and do a good job in pre-loan investigation, in-loan review, post-loan inspection and loan recovery summary in strict accordance with the prescribed procedures. Article 33 After the loan is issued, the lender shall always check whether the loan is used according to the purposes stipulated in the contract and whether the expected economic benefits are achieved. At the same time, it is necessary to check whether the loan collateral (pledge) has changed, and check the financial and economic situation of the borrower and the solvency of the third-party guarantor. Article 34 During the validity period of the loan contract, the borrower shall accept the supervision and management of the lender, regularly submit the progress of the construction and sales of the loan project to the lender, and provide the financial plan, accounting statements and other relevant materials of the enterprise, so as to provide convenient conditions for the lender to regularly check and understand the construction, production, operation and management of the loan project and supervise the use of its funds. Article 35 The lender shall establish and improve the loan quality evaluation system, and classify, register, evaluate, collect and write off non-performing loans according to regulations. Before the loan risk classification is fully implemented, at present, loans overdue rate, loan sluggish rate, loan bad debt rate and loan interest rate are mainly assessed. Chapter IX Supplementary Provisions Article 36 The loan contract, guarantee contract and mortgage (pledge) contract of real estate development loans shall include detailed and clear legal provisions. Article 37 The Head Office shall be responsible for the interpretation and revision of these Measures. Branches of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning and special economic zones may formulate detailed implementation rules according to these Measures and report them to the head office for the record. Article 38 These Measures shall be implemented as of the date of promulgation.

What are the procedures for real estate license mortgage loan?

Mortgage loan procedures for real estate license:

1. loan application: the borrower proposes the purpose, amount and time of the loan;

2. Preparation for loan application: The borrower and the mortgagor shall prepare all the documents required for loan application as required;

3. Housing evaluation (or survey): relevant institutions conduct on-the-spot survey, evaluation (survey) and evaluation of mortgaged houses;

4. Apply for loans: submit all loan applications together with evaluation reports or survey opinions to the bank for approval;

5. Notarization of loan contract: after the borrower and mortgagor fill in (loan contract) and all relevant documents, sign them and press their fingerprints, they will be notarized by a notary;

6. Mortgage registration procedures: the bank holds the house ownership certificate and loan contract to the property right office for mortgage registration;

7. Opening an account and lending: the borrower opens a repayment account, and the bank lends money to this account (note: in principle, only commercial housing, housing reform housing and anjufang can be used as collateral).

If the real estate license registrant is himself or her spouse, the following materials shall be provided:

1. Hold an ID card;

2. Household registration book;

3. Marriage certificate;

4. Real estate license;

5. Deed tax certificate;

6. Land certificate;

7. proof of income;

8. Proof of capital flow.

The two went to the local bank to consult and apply for a housing mortgage loan, provided that the housing loan was paid off and there was no mortgage.

Personal housing mortgage loan means that the applicant applies for a loan from the bank with his own housing property rights as collateral, and the loan funds can be used for personal consumption and operation.

I. Term of the loan

3,5, 10, 15, 20-year system

Second, the loan approval

It takes more than 20 working days

Third, the basic conditions

1, a natural person with China nationality and full capacity for civil conduct;

2. Hold valid identity documents;

3. Have a stable and legal source of income;

4. Mortgaged real estate has a real estate license with clear property rights and can be listed and circulated;

5. Other conditions stipulated by the bank;

Fourth, the loan procedure.

1. The lender entrusts the Company to handle the loan procedures and submit the corresponding materials required for the loan;

2 for mortgage, pledge, pledge evaluation report;

3. Submit the loan application form to the loan bank, sign loan contracts and various agreements, and go through notarization and insurance procedures;

4. Bank approval;

5. The real estate bureau shall register the mortgage and handle his right certificate;

6. The bank confirms and issues loans.

Baidu encyclopedia-personal housing mortgage loan

What information is needed for real estate mortgage loan?

1, original property ownership certificate, original and copy of land use certificate;

2. The original and photocopy of the ID card, marriage certificate or household registration book of the mortgagor and his wife;

3.* * If there is a house, the original written proof that * * * someone agrees to mortgage must be provided;

4. If the parties to the mortgage cannot reach an agreement on the value of the mortgaged property, it shall be determined by the real estate appraisal agency and provide an appraisal report.

The process of mortgage bank loan processing:

1. The borrower applies and submits relevant materials;

2. Conduct real estate appraisal and pre-loan investigation and approval;

3. After approval, go through the mortgage registration formalities;

4. When granting loans, the borrower shall repay the principal and interest of the loans on a regular basis as agreed in the contract;

5. Settle the loan principal and interest and recover the mortgaged house.

Bank housing mortgage loan processing:

(1) Lender application

The borrower goes to the loan bank to fill in the Application Form for Personal Housing Loan and submit the following materials: ① the borrower's ID card and household registration book; (2) Letter of Intent for House Purchase or other supporting documents; (3) A certificate of stable income of the borrower's family issued by the borrower's unit; (4) Other certificates required by the lending bank.

(2) the loan bank review

The loan bank examines the borrower's loan application and other supporting materials, issues a loan commitment letter after passing the examination, and signs a mortgage contract with the borrower.

(3) The borrower signs a house purchase contract with the selling unit;

The borrower signs the purchase contract with the selling unit with the loan commitment letter issued by the loan bank, and requires the selling unit to sign the purchase contract.

(4) The borrower shall take out insurance for the mortgaged house.

The borrower holds the house purchase contract to the insurance institution designated by the loan bank to handle the insurance of the mortgaged house.

(5) The borrower signs a personal housing mortgage loan contract with the loan bank.

The borrower holds a house purchase contract, mortgage contract, custody contract and insurance policy, and signs a personal housing mortgage loan contract with a third party (legal person) guarantor at the loan bank, and goes through the mortgage registration with the real estate management authority within 30 days. If the parties request notarization, they can go to the notary office for notarization.

(6) The loan bank transfers funds

The loan bank will transfer the loan to the deposit account of the selling unit in the loan bank as stipulated in the purchase contract.