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Real estate development loan mortgage
How do real estate developers get loans?

You can apply for a mortgage.

Method:

1. After obtaining the land use right, mortgage the Land Use Certificate to yh.

2. Take some houses that have been capped but have not been sold or are difficult to sell as mortgage for yh's construction in progress.

3. Apply for real estate licenses for houses that have reached the delivery standard but are unsalable, and then get yh for mortgage.

4. Under the current situation that banks are tightening monetary policy, mj loans (with high interest) can be appropriately selected.

5. If there is a certain scale, you can choose to go public for financing.

Mortgage loan means that the debtor legally transfers the ownership of the property to the creditor, but the creditor does not own the property. Once the debts secured by the property are paid off, the transfer of property ownership will be terminated. The purpose of establishing mortgage is mainly to ensure that creditors enjoy the priority of repayment when they fail to perform their debts, which is realized by setting the physical form of collateral as value. Therefore, mortgage is a legal guarantee behavior that takes the physical form owned by the mortgagor as the main body of mortgage and takes the way of not transferring ownership and use right as the debt guarantee.

A bank loan legally obtained by a borrower with his own property ownership as collateral is called a mortgage loan. The borrower takes a certain amount of collateral as an item to guarantee the loan obtained from the bank. It is a loan form of capitalist banks, and the collateral usually includes securities, China bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods.

Why can developers mortgage loans without real estate licenses?

Without real estate license, developers should not be able to mortgage loans.

Usually, the mortgage loan is based on the house, and the mortgage loan can only be handled after the Certificate of Other Matters is handled in the real estate registration center.

How to mortgage the developer's land use right?

Developers can use it to mortgage loans to banks when applying for land use rights. In economics, according to the characteristics of industries, all industries can be divided into labor-intensive, technology-intensive and capital-intensive. Real estate is undoubtedly a capital-intensive industry, that is, an industry that needs to invest a lot of money in the short term. A real estate company often only has dozens of employees, but it needs at least 100 million yuan. These funds are mainly used in the following aspects: land price, compensation fee and project payment. Where did such a large sum of money come from? Usually, developers have limited funds and must raise funds in a certain way. Even if developers have enough funds themselves, sometimes in order to avoid risks, they don't use their own funds to raise funds in the same way. The main channel of financing is to borrow from banks, but the necessary condition for obtaining loans is to provide qualified guarantees. The collateral that developers can provide and banks can easily accept is the right to use state-owned land, which is the most important collateral. Therefore, it is not unusual for buyers to see that the land use right is mortgaged during the audit. Generally speaking, the operating procedures of obtaining loans by mortgage guarantee of land use rights are: mortgage, financing, real estate sale and repayment. It should be said that the market economy needs the high-speed operation of funds, and developers should not be accused of using funds reasonably and legally. The use of funds in real estate development constitutes a capital chain, and a benign capital chain is conducive to the healthy development of the real estate industry and even the whole society. On the other hand, it is unreasonable and unwise to require real estate development enterprises to deposit a large amount of funds before real estate development. Legal relationship should be a reasonable reflection of economic relationship. Therefore, the government should focus on developers' mortgage behavior rather than blocking it; Similarly, as buyers, the mortgage behavior of developers should focus on prevention rather than fear. As buyers, it is necessary to know the legal knowledge of real estate mortgage to prevent the risks brought by developers' land mortgage behavior.

What should I do if I buy a house first and then go to the developer for mortgage?

In order to sell smoothly, it is a kind of fraud for developers to hide the fact that they have mortgaged their houses and sell them. This sales contract is invalid. According to the judicial interpretation, the buyer can request the return of the paid house price and interest, and compensate for the losses, and ask the developer to bear the compensation liability of not more than twice the paid house price.

If necessary, the developer can be held accountable, and he can also be asked to pay liquidated damages for not filing on time.

Consequences of commercial housing mortgage:

1, repeated mortgage

The mortgage of construction in progress has the nature of option, and it is easy for the registration authority to register the mortgage loan before the original mortgage of construction in progress is lifted.

In order to complete the project construction as soon as possible, some developers applied for loans from banks with the projects under construction as collateral, and at the same time, in order to speed up the withdrawal of funds, they pre-sold the mortgaged projects under construction to the buyers without the consent of the mortgagee and without informing the buyers, and the proceeds from the sales did not pay off the creditor's rights to the mortgagee.

This kind of repeated mortgage increases the uncertainty of the transaction, which not only fails to protect the rights of buyers, but also brings great hidden dangers to the pre-sale management and ownership registration of real estate administrative departments.

2. Conflict of rights and interests

Real estate developers often contract construction projects to construction enterprises. Due to the large investment in construction funds, developers sometimes can't settle the project payment of construction enterprises in time. If the developer can't pay back the money, the house will be auctioned. However, in order to protect the interests of contractors and migrant workers, national laws stipulate that the contractor's priority in construction projects is superior to mortgage and other creditor's rights.

In addition, the right of the land management department to collect the land transfer fee also takes precedence over the mortgage of the bank. If the taxpayer fails to pay the tax before the taxpayer mortgages or pledges his property or the taxpayer's property is retained, the tax shall be executed before the mortgage, pledge or retention.

Generally speaking, if there is a problem with the developer's capital operation and the house is auctioned, then the owner will be the last one to get compensation; If the developer's funds run well and can repay the bank loan as scheduled, it will not affect the purchaser's purchase of the house and the subsequent handling of the real estate license.

Extended data:

Ways to avoid risks in buying a house:

1. When buying a house, the developer will provide a pre-sale permit for commercial housing with a column dedicated to mortgage. If there is a mortgage, it will be explained in detail in the remarks. Be sure to read it carefully!

2, buying a house is a big deal, don't be afraid of trouble! You can check with the housing management department before buying a house, because the projects under construction need mortgage and need to be registered with the housing management department. At the same time, if you buy a mortgage house under construction, you should pay attention to the supervision of funds.

3. In the process of buying a house, in addition to inquiring, buyers should also pay attention to timely online signing for the record. If the house is mortgaged or sealed up except for the project under construction, which is recorded in the system and cannot be signed online, the buyer can find it in time to avoid losses.

4. In practice, many developers transfer mortgaged real estate without the written consent of the mortgagee. When handling the real estate license, the real estate management department found that there was a mortgage record on the state-owned land use certificate, which caused obstacles in handling the transfer of property rights, and buyers could not get the real estate license smoothly.

Row here! Heavy! Point! Therefore, in order to standardize the legal relationship of house purchase, reduce or even eliminate the legal relationship of house purchase, from the perspective of protecting the interests of house buyers, it is best to add the following clauses to the supplementary agreement of the commercial housing sales contract:

(1) The seller promises not to mortgage the land use right of the project under construction and the location where the commodity house is located in any form, otherwise, the buyer and the seller have the right to return the house unconditionally and demand the seller to bear the compensation liability.

(2) The buyer has the right to ask the seller to provide the state-owned land use certificate at any time before obtaining the real estate license, so as to know the mortgage situation of the project in time.