That's not true.

1. Mortgage guarantee means that the debtor or a third party does not transfer the possession of a specific property, but takes the property as the guarantee of creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount the property or give priority to compensation with the price of auction or sale of the property in accordance with the provisions of the guarantee law.

2. Mortgage loan refers to the bank loan obtained by the borrower with his own property ownership as collateral in law. It is a form of bank lending, and collateral usually includes securities, national bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods. When the loan expires, the borrower must repay it in full, otherwise, the bank has the right to dispose of the collateral as compensation.

Two. What is a mortgage loan?

Mortgage loan refers to the loan that the borrower obtains from the bank with certain collateral as guarantee. It is a form of bank lending, and collateral usually includes securities, national bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods. When the loan expires, the borrower must repay it in full, otherwise the bank has the right to dispose of the collateral as compensation.

Three. How to apply for a mortgage loan?

(a) the lender's application;

The borrower fills in the personal housing loan application form at the loan bank and submits the following materials: the borrower's ID card, account number 3360, letter of intent to buy a house or other supporting documents 3360, and the borrower's family stable income certificate issued by the borrower's unit; Other certificates required by the lending bank.

(2) Examination by the lending bank;

The bank shall examine the borrower's loan application and other supporting materials, and issue a loan commitment letter after passing the examination. And sign a mortgage contract with the borrower.

(3) The borrower and the seller sign a house purchase contract;

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

(4) The borrower has insured the mortgaged property;

The borrower holds the purchase contract and goes to the insurance institution designated by the loan bank to insure the mortgaged house.

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

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

(6) Loan bank transfer;

The loan bank will transfer the loan to the deposit account of the loan bank specified by the sales unit in the house purchase contract.

4. What are the mortgage loan conditions of Postal Savings Bank?

1. The borrower can provide collateral approved by the Postal Bank as collateral;

2. The borrower is between 18 and 60 years old and has full capacity for civil conduct;

3. Have a local permanent residence or a valid residence certificate;

5. The sum of the loan term and the borrower's age shall not exceed 65 years old;

6. Other conditions required by the Postal Bank.

5. Can small property houses be mortgaged?

According to the relevant regulations, the following properties are not allowed to be mortgaged

(1) Land ownership;

(two) the right to use collectively owned land, such as homestead, private plots and private plots, except those that can be mortgaged according to law;

(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;

(4) Property whose ownership and use right are unknown or controversial;

(5) Property sealed up, detained or supervised according to law.

(6) Other properties that may not be mortgaged according to laws and administrative regulations.

Small property houses are not commercial houses. They refer to houses built on rural collective land. Rural homestead is collectively owned, and villagers only have the right to use homestead. Such a house has no land use certificate and pre-sale permit issued by the state. The purchase contract will not be filed with the State Land and Housing Authority, and it cannot be legally circulated in the real estate market without a real and effective title certificate. Therefore, small property houses cannot be mortgaged.

6. Can the house purchase contract be mortgaged?

only

Mortgage is divided into maximum mortgage and traditional mortgage.

Maximum mortgage refers to the agreement between the mortgagor and the mortgagee that within the limit of the maximum amount of creditor's rights, the mortgagor will guarantee the creditor's rights that occur continuously for a certain period of time. The difference between the two:

(1) The creditor's rights secured by the maximum mortgage amount are uncertain creditor's rights;

(2) The creditor's rights secured by the maximum mortgage are usually future creditor's rights;

(3) The maximum mortgage must retain the burden exceeding the maximum amount;

(4) The maximum mortgage is not transferred with the transfer of the principal creditor's rights.

laws and regulations

Civil Code of People's Republic of China (PRC)-Article 420th

Article 420 Where the debtor or a third party provides the secured property for the performance of the secured debt, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee has the right to give priority to the repayment of the secured property within the maximum amount of creditor's rights. The creditor's rights before the establishment of the maximum mortgage may be transferred to the creditor's rights secured by the maximum mortgage with the consent of the parties.

Civil Code of People's Republic of China (PRC)-Article 394

Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt, if the debtor fails to perform the due debt or the mortgage agreed by the parties occurs, the creditor shall have the priority to be compensated for the property. The debtor or the third party mentioned in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

r & gt

8. What information do you need for vehicle-based mortgage loans?

1, original and photocopy of motor vehicle owner's identity certificate (original and photocopy of unit vehicle organization code certificate, original and photocopy of valid residence permit for temporary residents);

2. Original and photocopy of the mortgagee's identity certificate (official seal is required)

3. The original mortgage contract;

4. Power of attorney of the mortgagee and power of attorney of the motor vehicle owner (stamped with official seal and check seal);

5. If it is an agent, the original and photocopy of the agent's identity certificate are also required;

6. Motor vehicle registration certificate;

7. Fill in the Application Form for Motor Vehicle Mortgage Registration/Pledge Filing.

Nine, how to deal with the risk of bank mortgage loans?

2. Establish awareness of policy and legal risks, establish a system of continuous learning and response to policies, laws and regulations, and fully implement business strategies according to law.

3. With regard to the establishment of an all-round dynamic management mechanism for loan mortgage guarantee, it is necessary to improve the management post responsibility system combining incentives and constraints, and enhance the ability to control the whole process of loan mortgage guarantee and its management risks.

4. Form the remedial control mechanism of loan mortgage risk. When mortgage risks actually occur and cannot be resolved through negotiation, remedial control measures should be taken in time to minimize risks and losses and protect financial assets to the maximum extent.

10. What are the risks of bank mortgage loans?

1, the risk that mortgage priority of bank loans is difficult to realize. Mortgage is a real right for security based on the contractual agreement between the commercial bank and the borrower (or the third party who provides mortgage guarantee for the borrower), behind which is the legal priority based on the exercise order directly stipulated by law. Once the legal priority and mortgage priority meet in the loan case, the mortgage priority is relatively low, which may lead to the loss of protection of bank loan claims to a certain extent or even completely, that is, the suspension of loan claims.

2, the risk of poor review in the process of bank loans. Article 36 of the Law on Commercial Banks stipulates that commercial banks have the legal obligation to strictly examine the ownership, value and feasibility of collateral, so as to ensure that the collateral's guarantee function for loans can be effectively and fully exerted. In practice, there are many operational problems and great risks in the bank loan mortgage review business. The outstanding problems and risks mainly include: first, the loan ownership is misplaced; Second, the overvaluation of collateral directly leads to loan risk. Third, the feasibility of mortgage exercise has a significant inverse influence on loan risk.

3. Legal risks of mortgage registration of bank loans. Risks of signing contracts and mortgage registration. In practice, the outstanding risks in signing and mortgage registration mainly include: first, the risk that the loan contract or mortgage contract is invalid; The second is the risk of non-registration or false registration; The third is the risk of repeated registration; The fourth is the risk in loan repayment or loan creditor's rights transfer business; The fifth is the risk of "two certificates" of real estate mortgage.

4. Management risk of bank mortgage loan. Because mortgage is a security interest that the mortgaged object does not transfer possession, after the mortgage is effectively set and the loan is issued, the mortgage is still occupied by the mortgagor. The physical existence form, value form and mortgage maintenance of collateral have great influence on the actual and legal effectiveness of collateral, so the management of collateral faces great risks. The risks faced in the practice of post-loan mortgage management mainly include: the mortgagor arbitrarily disposes of the collateral because of his weak credit and legal concept.

The risk of things; Risk of collateral loss; The risk of losing mortgage restrictions; The risk that the mortgage is illegally ruled invalid; enterprise restructuring

The application trend of the principle of "creditor's rights go with assets" and the rule of "ex-rights period" 3.

Risk.

XI。 Can affordable housing be mortgaged?

To obtain the certificate of ownership of affordable housing, you can set a mortgage.

What kinds of housing mortgage loans do commercial banks mainly provide?

There are many kinds of mortgage loans in China. At present, commercial banks mainly provide the following kinds of housing mortgage loans:

(a) housing provident fund loans are loans to individuals who have participated in the payment of housing provident fund, and such loans have excellent interest rates.

(2) Personal housing portfolio loans are also loans to individuals who have paid housing provident fund. The difference with housing provident fund loans is that it is a combination of housing provident fund loans and commercial housing mortgage loans, because housing provident fund loans have an upper limit.

(3) Personal housing guarantee loan. When an individual who has not paid the housing provident fund applies for a bank loan, if the residential developer has a loan agreement with the bank, then the property buyer can apply for such a loan, which is generally called a mortgage loan.

(four) housing savings loans, this kind of loan requires buyers to have a certain amount of deposits in the bank, and buyers can get loans equivalent to 2 or 5 times the amount of deposits.

(five) mortgage loans with certificates of deposit, but such loans have a maximum amount, which generally does not exceed 6,543,800 yuan.

(six) real estate mortgage loans require buyers to use existing houses as collateral.

(seven) institutional guarantee loans, that is, loans that can only be obtained by the unit where the property buyers work. These loan types are mainly classified according to the form of guarantee, while there are not many loan types classified according to the term, interest rate and repayment method, which affects the residents' demand for housing mortgage loans to some extent.

Thirteen, the company mortgage auction process in the name of the enterprise?

1. Application: The enterprise applies for loan guarantee.

2. Inspection: inspect the operation, financial status, mortgaged assets, tax payment, credit status, business owners, etc. of the enterprise, and initially determine whether to guarantee.

3. Communication: communicate with the lending bank to further grasp the enterprise information provided by the bank and clarify the amount and term of the loan to be granted by the bank.

4. Guarantee: evaluation of guarantee and counter-guarantee agreements, asset mortgage and registration with enterprises, signing guarantee contracts with loan banks, and formally establishing guarantee relations with banks and enterprises.

5. Lending: The bank issues loans to enterprises on the basis of reviewing the guarantees, and at the same time collects guarantee fees from enterprises.

6. Tracking: tracking the loan usage and operation of enterprises, and directly tracking and checking the operation of enterprises through quarterly tax payment, electricity consumption and cash flow increase and decrease.

7. Prompt: Prompt in advance one month before the enterprise repays the loan, so that the enterprise can be prepared to repay the loan in advance and ensure the normal operation of the enterprise's capital flow.

8. Dissolution: cancellation of mortgage registration, cancellation of guarantee relationship with banks and enterprises with corporate bank repayment form.

9. Record: Record the credit status of this guarantee, which is divided into four grades: normal, abnormal, overdue and bad debts, and provide credit records for subsequent guarantees.

10. Filing: all kinds of agreements signed with banks and enterprises, as well as vouchers after repayment of loans and vouchers for cancellation of guarantee, etc., are sorted, filed and sealed for future file search.

14. What are the types of mortgage-secured loans?

I. Bank mortgage

1, personal housing loan

2. Enterprise mortgage loan

Second, trust mortgage loan.

Mortgaged trust loan means that the trustee accepts the entrustment of the principal and issues the loan according to the object, purpose, term, interest rate and amount specified by the principal (or in the trust plan), and the financier takes the real estate mortgage as the guarantee of the trust loan.

Under the mode, Li Xuanjia's electric field is generally about 18%.

Third, pawnshop mortgage.

Mortgaged pawn refers to the act that a pawnshop mortgages its real estate to a pawnshop, pays a certain percentage of fees and interests to obtain a pawnshop, and pays the interest and expenses of the pawnshop within the agreed time limit, repays the pawnshop and redeems the pawnshop. The interest and expenses add up to about 3% per month.

Fourth, vehicle mortgage.

Automobile mortgage is a loan obtained from a financial institution or an automobile consumption loan company with the borrower's or a third person's car or self-purchased car as collateral.

Verb (abbreviation of verb) real estate mortgage

Real estate mortgage loan refers to the RMB loan in which the borrower mortgages the purchased commercial house, and the loan bank provides the borrower with a package of financial services to meet his various needs such as house purchase, parking space, large durable consumer goods, automobiles and house decoration.

Six, five-color soil mortgage

The borrower mortgages the real estate in the name of the lender (natural person). The lender will directly hand over the funds to the borrower, and the borrower will repay the principal and interest as agreed. If the borrower fails to perform the due debt, the lender has the priority to be repaid. Wuse Soil is responsible for risk management, pre-lending risk rating and post-lending litigation execution of mortgage loans. Conduct due diligence on each mortgage loan, evaluate the risk and determine the risk level of five-color soil: AA, AA, A, etc.

15. Will the guarantee company approve the mortgage loan?

Whether it can be approved or not depends on personal credit and mortgage.

Generally speaking, as long as the procedures are complete and the guarantee company is legal, such small personal loans are easy to pass, because compared with bank loans, loans through guarantee companies and loan companies have many advantages, which will also allow customers to borrow a large amount in a short time. In addition, there are many kinds of loans to choose from. At present, there are more and more loan companies that can handle loans, and the loan companies that borrowers can choose will not be as one-sided as banks.

What is the process of stock mortgage loan?

1, data submission and review

The borrower needs to submit an application for stock pledge loan to banks and other institutions. After receiving the application, the lender needs to review the borrower's loan purpose, credit status and loan repayment ability, strictly check the authenticity of the information, and give the borrower a reply after the review.

2. Evaluate the loan.

After reviewing the authenticity of the information, the lending institution needs to review and analyze the credit risk and financial tolerance of the borrower, and determine whether to grant loans to the borrower and the amount of mortgage loans according to the credit management method and the repayment ability of the borrower.

Step 3 sign a contract

After the lender decides to lend to the borrower after evaluation, it is necessary to sign a stock mortgage loan contract according to the laws and regulations of our country, and clarify the rights and obligations of both parties in the contract.

Step 4 deal with commitment levels

After signing the contract, the lending institution and the borrower shall register the pledge in the securities registration institution and obtain the written certificate of the stock pledge registration issued by them.

5. Get a loan and repay the principal and interest.

After obtaining a loan from a bank or other lending institution, the borrower will repay the loan interest as stipulated in the contract. After the borrower pays off the loan, the loan contract is automatically terminated. And go through the formalities of canceling the pledge registration and return the written certificate of stock pledge registration to the borrower.

17. What are the requirements for an individual unsecured loan?

1, high bank flow

When applying for a bank credit loan, the bank will examine the borrower's repayment ability, so it will ask the borrower to provide the bank flow for nearly three months. Under normal circumstances, the higher the borrower's bank flow, the stronger the borrower's economic ability and the better his credit in the bank, which will be more favored by the bank.

2. Stable job and income

3. Good personal credit record

To apply for a personal credit loan, the borrower does not need to provide collateral, mainly depending on the borrower's personal credit. In order to reduce the loan risk, banks or lending institutions attach great importance to the personal credit of borrowers, and having good personal credit will increase the chances of success in applying for loans.

Related questions and answers: loan application form (individual) go to Baidu library to view the complete content > content comes from user: WL courseware library.

Loan Application Form (Individual) ItemNo.: 1. Basic information of the borrower | Borrower | Letter | Interest | Name: | Gender | Date of birth :| Marital status :□ Unmarried □ Married □ Divorced | ID number: | Household registration location: | Address of current residence: | Years of residence: | Name of unit: | Position.

| Home Phone: | E-mail: | QQ: | WeChat: | Health status: good □ average □ poor □| Highest education: graduate or above □ undergraduate □ junior college or higher vocational □ technical secondary school or high school □| 2. Basic family information | supporting | letter | information | Name: | Household registration location: | ID number | Highest education: graduate or above | : | loan purpose: | repayment method: □ monthly repayment of principal and interest □ equal repayment of principal and interest | main repayment source: | applicant type: □ wage earners □ individual industrial and commercial households □ self-employed □ others | IV. Pledge information | pledge introduction | pledge ownership | pledge source | pledge purchase price | pledge purchase date | pledge evaluation price | pledge purchase price | ten thousand yuan |