Nowadays, many friends will inquire about buying a house first. In this process, some friends said that they need to find a guarantor for buying a house loan, and some friends said that they don't need a guarantor. Just prepare the materials directly and submit the application for approval. So do you need a guarantor to buy a house loan? What is the responsibility of the guarantor? Let's have a look.
Nowadays, many friends will inquire about buying a house first. First, it is convenient to prepare information in advance. Second, it is also necessary to know how much money you need to prepare. In this process, some friends said that they need to find a guarantor for buying a house loan, and some friends said that they don't need a guarantor. Just prepare the materials directly and submit the application for approval. So do you need a guarantor to buy a house loan? What is the responsibility of the guarantor? Let's have a look.
Do you need a guarantor to buy a house loan?
Generally speaking, when applying for a housing loan, if the borrower has enough income or a good credit record, there is no need for a guarantor, and the loan is generally easier to get approval.
However, if the borrower's income is not enough, or his credit history is not good, and the down payment is not enough, the lending institution will ask the borrower to find a guarantor to personally bear the debt of the house. Common mortgage guarantors include parents as guarantors for children, spouses as guarantors, brothers and sisters as guarantors, or friends as guarantors.
What is the responsibility of the guarantor?
Guarantee law stipulates that
Article 21
The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.
Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.
Article 22
During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to bear the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 23
During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.
Article 24
Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 25
Where the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt.
If the creditor fails to bring a lawsuit against the debtor or apply for arbitration during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
Article 26
If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period.
If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.
Article 27
In accordance with the provisions of Article 14 of this Law, the guarantor guarantees continuous creditor's rights. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.
Article 28
Where the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the guarantee of things.
If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.
Article 29
If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization is invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.
Thirtieth any of the following circumstances, the guarantor shall not bear civil liability:
(a) the parties to the main contract collude to defraud the guarantor to provide a guarantee;
(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.
Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.
The above is the need for a guarantor for buying a house loan today, and what is the responsibility of the guarantor. I hope I can help you. It is not difficult to see from the above article that friends with good reputation and stable income generally do not need a guarantor when they need a loan to buy a house. Only when the credit record is bad and the income certificate can't meet the requirements of the bank will the guarantor be needed to make a loan. As a guarantor, you should also know what responsibilities you need to take before you can make this decision, so as not to bring yourself trouble.
Three loan guarantee methods of personal housing loan
1. Mortgage loan guarantee
With housing mortgage as loan guarantee, the collateral acceptable to the loan bank is: the house it has purchased and the house it already owns (with property rights).
If the borrower takes the purchased house as collateral, according to the regulations of the loan bank, there is no need to evaluate the collateral. For the borrower, it can save an evaluation fee. If the borrower takes the house that he already owns as collateral, the collateral needs to be appraised by an appraisal agency designated by the bank, and the mortgagor needs to pay the appraisal fee, which is charged according to the charging standard for real estate appraisal stipulated by the government.
If the house is used as the loan guarantee, the borrower and the borrower shall go through the mortgage registration formalities with the real estate management authority in accordance with the provisions of relevant laws and regulations, and the mortgage registration fee shall be borne by the borrower. The borrower should choose mortgage as the loan guarantee method, and at the same time purchase collateral property insurance and loan guarantee insurance from an insurance company recognized by the loan bank according to regulations, and make it clear that the loan bank is the first beneficiary of this insurance, and the insurance period is not shorter than the loan period, and the insurance amount is not less than the total loan principal and interest. During the mortgage period, the insurance policy shall be kept by the lending bank and the insurance premium shall be borne by the borrower. With mortgage guarantee, the borrower needs to pay mortgage registration fee, insurance fee and collateral evaluation fee. If the borrower's economic conditions are relatively rich, this method is an ideal choice and the most acceptable loan guarantee method for banks.
2. Rights protection
With the pledge of rights as the loan guarantee, the collateral acceptable to the bank is specific securities and certificates of deposit, including treasury bills, financial bonds and corporate bonds recognized by the bank, and certificates of deposit only accept RMB time certificates.
When the borrower applies for a pledge loan, the amount contained in the pledge right certificate must exceed the loan amount, that is, the amount contained in the pledge right certificate must be at least 10% of the loan amount. All kinds of bonds can be used for pledge only after they have been evaluated by the bank and proved to be true and effective. Renminbi time deposit certificates must have the identification certificate of the bank where the account is opened and the certificate of loss exemption. When signing a loan pledge contract with the bank, the borrower shall hand over the securities, certificates of deposit and other pledges to the loan bank for safekeeping, and the loan bank shall assume the custody responsibility. If the borrower requests notarization, both parties can go to the notary office for notarization, and the notarization fee shall be borne by the borrower.
Choosing the guarantee method requires the family to have enough financial assets, which can fully meet the demand of buying a house, but it is difficult to realize it when buying a house or does not want to realize it because it will bring certain losses. So only a few people can pledge.
3. Third-party secured loan guarantee
If a third party is selected as the housing loan guarantee, a legal person or citizen with strong strength and good reputation should be selected as the loan guarantor. Generally speaking, civil servants, employees of state-owned enterprises and institutions, teachers and other high-quality occupations can naturally serve as third-party guarantors.
How should a mortgage house make a mortgage loan?
At present, there are many ways of social loans. For ordinary people, you can choose provident fund loans, ordinary loans, mortgage loans and so on. We may not be familiar with mortgage loans.
I. Mortgaged houses
First of all, we should know that the mortgage house is a kind of commercial housing with outstanding previous mortgage. The main feature of mortgage house is that the property right of the house is mortgaged to the property owner of the bank, and it is forbidden to sell the own house without authorization. Another feature of mortgage house is to mortgage the property right of the house to the property owner of the bank for investment or financing realization. More and more buyers need to pay the mortgaged houses in advance in the second-hand housing transactions. Mortgages are mainly divided into legal mortgages and legal mortgages. Legal mortgage is to transfer the existing property to the mortgagor as repayment guarantee, while the industry is to mortgage the future.
Two. Mortgage loan, also known as mortgage loan, is a loan method adopted by some national banks. It requires the borrower to provide a certain amount of collateral as loan guarantee to ensure the repayment of the loan when it expires. General collateral is easy to keep, not easy to wear and tear, and easy to sell. For example, after the loan of some correct bills, stocks and real estate expires, if the borrower fails to repay on time, the bank has the right to auction the collateral with the auction proceeds. The balance of the loan will be returned to the borrower as auction money to repay the loan. If the auction money is not enough to repay the corresponding loan, the borrower still needs to repay it.
3. How to make a mortgage loan for a mortgage house can be well explained as long as you understand the mortgage house and mortgage loan. When a borrower applies for a mortgage loan, he must first apply for the corresponding property right certificate, which is one of the primary certificates of the mortgaged house, and then hand over his property right certificate, identity information and photos to the corresponding bank as a loan. If the bank feels that these materials are complete and there is no problem, it can sign up for registration and obtain the corresponding warrants before lending.
So much for the introduction of mortgage guarantee.