I'm a lawyer. For you, I don't need a guarantor.
Second, why buy a house to find a guarantor?
When buying a house with a loan, banks often require a guarantor, which is to control the loan risk. Once the lender is unable to repay the debt, the guarantor will bear joint and several liability for repayment. A guarantor is a guarantor. According to China's General Principles of Civil Law, Property Law, Guarantee Law and Interpretation of Guarantee Law, under different circumstances, the guarantor needs to bear the following responsibilities: civil liability, civil joint liability, guarantee (guarantee) liability and compensation liability. Guarantee Law Article 6 The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement. Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
3. My colleague bought a house with a provident fund loan and asked me to be the guarantor. If I am a guarantor, can I still get a loan?
Whether you are a guarantor or not is different from not paying back the loan yourself. Being a guarantor of housing provident fund loans to others means that if others don't repay the housing provident fund loans, you have the obligation to repay them jointly and severally.
What are the risks of the guarantor of the housing provident fund loan?
1. The guarantor of provident fund loan for house purchase shall bear joint and several liabilities. If the house can't be paid off, it will be repaid by the guarantor if it reaches a certain amount. Because the guarantor is responsible for the consequences of the guarantee. However, the general provident fund loans have not been repaid unless they resign. This should not happen. And at the beginning of preparing the loan, you must calculate your repayment ability.
2 provident fund loans refer to loans enjoyed by employees who have paid housing provident fund. According to the national regulations, all employees who have paid the provident fund can apply for provident fund loans according to the relevant provisions of provident fund loans.
Four, the guarantor's responsibility and consequences of buying a house
First, the responsibility of the mortgage guarantor. If the borrower fails to repay the loan, the guarantor is liable for repayment. Before committing to be a guarantor, you must think clearly, because if you sign the money and debt guarantee, you will be personally responsible for paying off the debts to the lending institution. Even if the relationship between the guarantor and the debtor changes, such as the husband's guarantee for his wife's house purchase loan, and the two eventually divorce, the guarantee will not be affected by the dissolution of the marriage relationship and will still be valid. In other words, once the guarantor signs as a guarantor, he will always become a guarantor unless the borrower is approved by the lending institution to cancel the guarantor qualification. The mortgage guarantor shall bear all the responsibilities. Under normal circumstances, the borrower repays the loan by himself, and the guarantor does not have to worry about it. However, the loan amount and monthly payment borrowed by the borrower will generally be displayed in the credit record of the guarantor. When the guarantor needs to apply for any loan by himself, the debt he guarantees will be regarded as his own debt, and usually the lending institution will include it in the debt, which may affect the loan amount of the guarantor. Second, the consequences of mortgage guarantor. 1. Being a guarantor for others to buy a house may have an impact on future house purchase and personal credit reporting. 2. When the borrower fails to repay the loan, the guarantor shall bear the repayment responsibility. When the guarantor borrows again, the bank will also check the credit record of the guarantor, and the guarantor's serious bad record will be affected. 3. The bank's requirement for the guarantor is generally that it must be a local account, with a good economic foundation and stable income. As a guarantor, the borrower has to bear the repayment responsibility without repayment, so once he agrees to guarantee the lender, he agrees to bear the repayment risk for him. Under normal circumstances, if you make a loan as a guarantor, the bank will also check the credit history of the guarantor. The guarantor's serious bad record will affect his credit information. Matters needing attention as a mortgage guarantor: 1. If the borrower fails to repay the loan, the guarantor shall bear the repayment responsibility. Before committing to be a guarantor, you must think clearly, because if you sign the money and debt guarantee, you will be personally responsible for paying off the debts to the lending institution. Even if the relationship between the guarantor and the debtor changes, for example, the husband guarantees his wife to apply for a house loan, and eventually they divorce, the guarantee will not be affected by the dissolution of the marriage relationship, and it will still be valid. In other words, once a guarantor signs as a guarantor, he will always be a guarantor, unless the borrower is approved by the lending institution to cancel the guarantor qualification. 2. If the borrower fails to repay the loan, it may affect the credit of the guarantor. Under normal circumstances, the borrower repays the loan by himself, and the guarantor need not worry, but the loan amount and monthly payment borrowed by the borrower will generally be displayed in the credit record of the guarantor. When the guarantor needs to apply for any loan by himself, the debt he guarantees will be regarded as his own debt, and usually the lending institution will include it in the debt, which may affect the loan amount of the guarantor. When a lending institution assumes the guarantor, it often requires the guarantor to sign an independent legal consultation document in a law firm or notary office. When signing this document, the guarantor can't sign in the same law firm of the borrower, but must find another lawyer to sign and testify, which proves that the legal responsibility of the guarantor has been explained to the guarantor, and the guarantor also understands that he has to bear the debt personally and voluntarily act as the guarantor without any pressure.