Bank lending generally occurs in real estate transactions. If the mortgage user wants to sell his house, but the loan has not been paid off, the buyer and the seller can go to the bank to handle the loan business and transfer the loan under the original lender's name to the buyer's name.
Bank lending generally appears in real estate transactions. If you want to sell the house you bought with the loan, but you can't get the real estate license because the loan has not been repaid, you can go to the bank with the buyers to handle the "lending" business and transfer the loan under the lender's name to the buyers who have paid the down payment. This process is called bank loan.
If your property mortgage has not been handled, you should negotiate with the developer (guarantor) first, and the developer will provide the transferee with a new guarantee and negotiate with the loan bank at the same time, otherwise the developer will be exempted from the guarantee responsibility and the loan bank will refuse to give you a loan. Because according to the relevant provisions of the Guarantee Law, real estate mortgage must be registered, and property buyers generally buy faster houses. When buying a house and making a loan, you can't apply for mortgage registration without obtaining the real estate license. Therefore, personal housing loans generally take the form of "phased guarantee plus mortgage loan", that is, before the mortgage registration of the mortgaged property, the developer provides guarantee for the lender (purchaser), and after the mortgage registration is completed, the developer's guarantee is terminated.
If the purchased property has been registered as mortgage, it is not necessary to negotiate with the developer, and it can be "re-loaned" after obtaining the consent of the loan bank.
"Lending" often involves "the crime of lending at high interest rate". According to the relevant laws and regulations of our country, the crime of lending at high interest is punishable by fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The prosecution standard of "large amount" is personal high-interest lending, and the amount of illegal income is more than 50 thousand yuan; The unit lends at high interest rate, and the amount of illegal income is more than 654.38+10,000 yuan; Although it does not meet the above-mentioned amount standard, those who lend at a high interest rate, have been subjected to administrative punishment for more than two times, and lend at a high interest rate should also be investigated for criminal responsibility.