Legal analysis: If the second-hand house sales contract can be loaned, there are the following loan methods:
1. Trade loan. Trade mortgage refers to the purchase of ordinary commercial housing, you can apply to the bank for personal housing loans, or use other properties owned by yourself or a third party as collateral, or the third party provides joint guarantee responsibility for loans.
Second, provident fund loans. In addition to using the savings of the past few years, residents generally apply for personal housing provident fund loans for those with insufficient funds, and departments with insufficient funds apply for personal housing mortgage loans from banks. At present, the combination of personal housing provident fund loan and bank personal housing mortgage loan has become the most common way to buy a house.
Legal basis: Article 24 of the Regulations on the Management of Housing Provident Fund: In any of the following circumstances, employees may withdraw the storage balance in their housing provident fund accounts:
(a) the purchase, construction, renovation and overhaul of owner-occupied housing;
(2) retirement;
(three) completely lose the ability to work, and terminate the labor relationship with the unit;
(4) Having left the country to settle down;
(5) Repaying the principal and interest of the house purchase loan;
(six) the rent exceeds the prescribed proportion of family wage income.
In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time. If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.
Second, how to sign the second-hand housing sales contract?
Second-hand housing is generally signed by an intermediary, and it can also be loaned like a first-hand house. However, the age limit is stipulated. The earlier the house is handed over, the shorter the age limit is.
Three, provident fund loans to buy a house with a white skin contract or a yellow skin contract?
The skin is fair and has legal effect.
1. If it is a new house pre-sale contract (auction house), the contract comes into effect, which means that you can obtain the property right of the house. 2. If it is a second-hand house, the effectiveness of the contract means that you can obtain the property rights agreed in the contract, and you can obtain the property rights only after the transfer. (That is to say, in this case, if the other party breaches the contract and there is no registered permanent residence, you can only ask for compensation, but you may not be able to obtain property rights. )
4. Can I get a loan for the second-hand house white leather contract?
1. If it is a new house pre-sale contract (auction house), the entry into force of the white skin contract means that you can obtain the property right of the house.
2. If it is a second-hand house, the entry into force of the white leather contract means that you can obtain the property rights agreed in the contract, and you can only obtain the property rights after the transfer. (That is to say, in this case, if the other party breaches the contract and there is no registered permanent residence, you can only ask for compensation, but you may not be able to obtain property rights. )
Specific loans can be consulted with relevant banks.