Legal subjectivity: About the process of handling second-hand housing loans: 1. Submit materials, submit applications. The buyer and the seller bring all relevant materials to the mortgage service company (usually a bank, which needs to determine the mortgage service company before handling the loan, and ask the mortgage service company to conduct loan consultation and determine the loan plan). Receive and fill in the application form of personal loan for second-hand housing, and submit all materials to the staff for review after filling in. The staff made a preliminary evaluation of the materials and gave the approximate loan amount and years. Finally, the three parties agreed on the time, and the mortgage service company contacted the designated real estate appraisal agency to inspect the house. 2. Evaluation of real estate appraisal institutions to evaluate real estate. Upon completion, the appraisal agency will issue an appraisal report to the mortgage service company, and the counterparty will pay the 500 yuan appraisal fee. 3. Approve the mortgage service company to examine the qualifications of loan applicants. After meeting the requirements, the mortgage service company shall verify the loan amount and term according to the housing appraisal price and the qualification of the comprehensive lender. 4. After the down payment and transfer are approved, the buyer pays the down payment to the seller. Then, the buyers and sellers and the personnel of the mortgage company go to the real estate exchange to handle the transfer of house property rights with the down payment certificate, the mortgage application review commitment letter issued by the mortgage company and other materials. It can be completed on the day of transfer, and the buyer can get the real estate license after waiting for about 20 working days. 5. Handle mortgage registration and insurance procedures. After the property buyers receive the real estate license, they will go through the mortgage registration and insurance, and then go through the loan issuance procedures. The mortgage company will deposit the house payment into the seller's account, and the buyer will start to repay the current period on schedule according to the contract.
Legal objectivity: Article 25 of the General Principles of Loans: If a borrower needs a loan, he shall directly apply to the host bank or the agent bank of other banks. Article 29 All loans shall be signed by the lender and the borrower. The loan contract shall stipulate the loan type, loan purpose, amount, interest rate, loan term, repayment method, rights and obligations of both borrowers and borrowers, liabilities for breach of contract and other matters that both parties think need to be agreed. The guaranteed loan shall be signed by the guarantor and the lender, or the guarantor shall specify the guarantee terms agreed with the lender in the loan contract, affix the official seal of the guarantor as a legal person, and be signed by the legal representative of the guarantor or his authorized agent. The mortgagor, pledger and lender shall sign mortgage contract and pledge contract for mortgage loan. If registration is required, it shall be registered according to law. Article 30 The lender shall issue the loan on schedule according to the loan contract. If the Lender fails to issue the loan on schedule as agreed in this Contract, it shall pay liquidated damages. If the borrower fails to use the money as agreed in the contract, it shall pay liquidated damages.
Second, the second-hand housing mortgage loan process
The second-hand housing mortgage loan process is as follows: (1) The house that the buyer and the seller want to trade has passed the listing approval of the real estate transaction management department (without this procedure, if approval is not required); (2) The buyer and the seller sign a house purchase and sale agreement; (3) Eligible buyers apply for loans from loan banks and provide relevant certification materials; (4) The buyer and the seller go to the appraisal institution designated or recognized by the loan bank for house appraisal (if the bank thinks that the house price basically conforms to the house value, this procedure is not required); (5) The law firm identifies, investigates and analyzes the borrower's credit certification materials and evaluation reports. Issue a "Legal Opinion": (6) The loan bank conducts examination and approval to inform the loan applicant whether to agree to the loan; (7) The buyer and the seller handle the formalities of property right transfer, and after the transfer, the borrower goes to the bank to handle the loan formalities; (8) The purchaser signs a second-hand house mortgage loan contract with the loan bank; (9) The buyer and the seller shall send the transferred house ownership certificate to the loan bank for mortgage registration; (10) After the loan contract comes into effect, the lending bank transfers funds according to the loan contract; (1 1) The borrower repays the loan on a monthly basis; (12) The borrower pays off the loan principal and interest and cancels the mortgage guarantee.
3. What are the procedures for second-hand housing banks to handle mortgage loans?
If there is a branch of China Merchants Bank in your city, you can try to apply for a personal mortgage loan through China Merchants Bank. The required conditions, application materials and handling procedures of each loan project are different. For details, please call the customer service hotline or contact the personal loan department of the outlet. Whether the application can be passed or not shall be subject to the comprehensive audit results of the handling bank.
4. What are the procedures for the sale of mortgaged second-hand houses?
1. Prepare the required loan materials, go to the place where the relevant real estate registration materials and procedures are needed, and follow the instructions of the staff.
2. You must be a citizen who has reached the age of 18, have a legal identity card and have a fixed income source to repay the loan. There is no bad record in his personal file and his credit is good. The most important thing is to have the real estate license and transfer instructions of the loan house. Commercial loans can only be made after the above conditions are met. Different banks have different commercial loan requirements.
3. After all the documents and materials required for the loan are prepared, it is necessary to review the qualifications for purchasing real estate according to local laws and policies before the online documents of the Housing Construction Committee can be signed.
4. Then sign the documents and contracts face to face according to the relevant requirements of the bank. The bank will soon give a loan approval letter, then make an appointment to pay taxes through the relevant bank website, then go through the transfer procedures, and then go to the Housing Construction Committee to register the mortgaged property. Only after completing this series of operations can the second-hand house be considered a successful transaction.
Generally speaking, the transaction process of mortgaged second-hand houses is not very complicated and the conditions are friendly, but if there is a loan demand, we must pay attention to the relevant conditions and repayment requirements.