A bank loan legally obtained by a borrower with his own property ownership as collateral is called a mortgage loan. The borrower takes a certain amount of collateral as an item to guarantee the loan obtained from the bank. It is a loan form of capitalist banks, and the collateral usually includes securities, China bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods.
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In order to let more people distinguish and understand mortgage loans, mortgage loans are now divided into high-value mortgages and traditional mortgages. Maximum mortgage means that the mortgagor and the mortgagee agree to guarantee the creditor's rights that occur continuously in a certain period with collateral within the maximum creditor's rights limit, which is a new mortgage system different from the traditional mortgage system. Compared with the traditional mortgage system, the difference is that (1) the creditor's rights secured by the highest mortgage are uncertain creditor's rights; (2) The creditor's rights secured by the maximum mortgage are usually future creditor's rights; (3) if there is a maximum mortgage, it must exceed the maximum payment; (4) The maximum mortgage shall not be transferred with the transfer of the principal creditor's rights. Although the maximum mortgage is more independent than the traditional mortgage, it still belongs to the collateral, and its establishment mode and effect are not essentially different from the traditional mortgage. During the loan period, the evaluation, notarization and verification institutions shall not repeat the evaluation, notarization and verification and charge fees; After the expiration of the registration period of mortgage rights and interests, if an enterprise continues to use the same collateral to apply for mortgage loan extension, no mortgage registration fee will be charged except for the production cost.
Edit this paragraph as mortgage bank loan.
Clients: 1, small and medium-sized enterprises registered in Shanghai, operating normally, with collateral under the names of enterprises or shareholders.
2. Individuals with mortgage in Shanghai.
3. Enterprises or individuals whose relatives and friends have collateral that can provide mortgage.
Collateral is divided into: houses, office buildings, shops, factories, land, etc. , can be mortgaged.
Amount: up to 100% of the appraised value of the house.
Duration: one to thirty years.
Repayment method: 1 equal principal and interest.
2. Pay interest every month and repay the principal when due.
3. You can borrow it and return it.
Interest rate: bank interest rate
Both primary mortgage and secondary mortgage are acceptable.
There are many kinds of bank loan products. Hong Xin will match the most suitable bank according to the customer's own conditions, so as to achieve the goal of the best interest rate and the fastest loan.
Scope of application Edit this paragraph
It must be an enterprise or institution as a legal person that has been approved and registered by the administrative department for industry and commerce, and has gone through the formalities of tax registration and annual inspection as required;
Products have a market, and production and operation are profitable. Do not misappropriate credit funds and abide by credit;
It has the ability to repay the principal and interest on schedule, and the original loan principal and interest payable and the loan due have been paid off; If there is no repayment, a repayment plan approved by the bank has been formulated; According to the Standard for Credit Rating of Banking Enterprises, in principle, the credit rating must be above A;
Basic account or general deposit account has been opened in the bank;
Unless otherwise stipulated by the State Council, the accumulated overseas equity investment of limited liability companies and joint stock limited companies shall not exceed 50% of their total net assets;
The borrower's operating and financial systems are sound, and its main economic and financial indicators meet the requirements of the bank;
Projects applying for medium-and long-term loans must be approved by the competent department of the state, and the proportion of the owner's rights and interests of enterprises as legal persons in the total investment of new projects shall not be lower than the capital ratio of investment projects stipulated by the state.
The property as collateral must comply with the relevant provisions of the Guarantee Law of People's Republic of China (PRC), and the mortgagor must enjoy the ownership or disposal right of collateral according to law, and clearly express to the bank that he is willing to provide collateral for the debtor.
With real estate mortgage, the mortgage rate shall not exceed 70%; Mortgaged by means of transportation, general mechanical equipment and tools, the mortgage rate shall not exceed 60%; With special machinery and equipment and tools, intangible assets (including land use rights) and other property mortgage, the mortgage rate shall not exceed 50%.
Edit this paragraph to understand the processing conditions.
To apply for a real estate mortgage loan, you need to meet some conditions. The sum of the borrower's age and the loan term is not more than 60 years old, and the personal consumption line loan object is over 18 years old. China citizens who have no bad credit record in the banking system and have full capacity for civil conduct will not accept the mortgage guarantee of minors' own property; The minimum construction area of the mortgaged property shall not be less than 30 square meters; The construction period of the mortgaged property is less than 20 years.
On the basis of benchmark interest rate, the loan interest rate will rise by a certain proportion according to the nature of the house and the mortgage interest rate; The mortgage loan term is 1- 10 year, and the minimum loan amount is 50,000 yuan. The maximum loan amount of mortgaged real estate shall not exceed 70% of the assessed value of collateral; Office buildings, commercial buildings and villas facing the street shall not exceed 50% of the assessed value of collateral. The repayment method is equal principal and interest.
The borrower and the property owner must be present when signing the loan contract and going through the mortgage registration formalities at the Housing Authority. When withdrawing money, the borrower can take my ID card to the bank to withdraw money or go through the card collection procedures at the agency.
Edit this application material.
Application for credit business;
The latest financial statements of the borrower and the mortgagor;
Resolutions of the board of directors of the borrower and the mortgagor;
Letter of commitment for credit guarantee issued by the mortgagor;
Collateral ownership certificate and insurance certificate;
An appraisal report on the value of collateral issued by an asset appraisal institution recognized by the bank;
Description of payment plan and repayment source;
Commercial contracts related to the purpose of the loan.
Application Steps Edit this paragraph
Step 1: Prepare the materials needed for the loan.
List of information provided by domestic and foreign people applying for housing mortgage loan
Certificate type: residents of this city, residents of other provinces and cities, and foreigners.
Identification: ID card and household registration book (original and photocopy) of the borrower, mortgagor and house owner. In addition to the ID card and household registration book, provide the original household registration certificate, and Hong Kong and Macao people holding temporary residence permits in this city provide home visit cards or pass ID cards; Taiwan Province people provide passes, identity cards and household registration vines; Other foreigners provide passports.
Marriage certificate (original and photocopy) provided by the married person; The original unmarried certificate provided by the unmarried person and the original marriage certificate provided by the left married person must be certified by a valid overseas notary office, law firm or China embassy abroad.
Income certificate The income certificate or other assets certificate issued by the provider is consistent.
Other materials (provided by banks and law firms) such as loan application, debit account, proof of the borrower's mailing address, commitment letter, Shanghai real estate transfer registration power of attorney, Shanghai real estate registration application for other rights, and consent letter (the house has been mortgaged) are the same as the left.
Information provided by real estate agent or seller: copy of down payment receipt, copy of pre-sale or sales contract, notarized pre-sale or sales contract.
Step 2: house evaluation, signing loan contract, and handling insurance and notarization procedures.
Materials required for notarization:
Original household registration book of the applicant, spouse, participating lender and * * * owner.
Original identity cards of the applicant, spouse, lender and owner.
Original marriage certificate
Private seal
Insurance premium detail
Foreigners need the original temporary residence permit.
Step 3: register the mortgage right in the trading center.
Step 4: issue loans.
Edit this paragraph as the housing mortgage loan process.
1, initiate a loan application.
The purpose, amount and duration of the loan proposed by the borrower to the financial institution. If the loan application meets the loan scope of this financial institution, then you need to prepare the corresponding information.
2. Prepare loan information
If it is a personal housing mortgage loan, you need to provide your own and your spouse's ID card, household registration book, income certificate, corresponding contract for personal consumption, proof of marital status, and house ownership certificate.
If an enterprise needs to mortgage real estate, the materials it needs to provide include: three certificates, account opening permit, articles of association, enterprise capital verification report, purchase and sale contract, running water of the last six months, financial statements of last year and the last six months, and asset certificates (different materials will be provided according to different banks).
This link is a very important link in the process of real estate mortgage loan, because many customers are in urgent need of money when lending. If these materials can be prepared in advance, it will save a lot of trouble.
3. House evaluation
After submitting the above materials, the bank shall conduct on-the-spot investigation and evaluation of the mortgaged property according to the submitted materials. Each link is an important link in the process of real estate mortgage loan, which directly determines the amount of your mortgage loan. Generally speaking, there will be some discrepancy between this assessment and the market price, because the assessment agency will consider multiple factors.
Step 4 apply for a loan
Submit all loan review materials and evaluation reports or investigation opinions to the bank for approval. At this time, the loan customer must pay attention to preparing all the information. If anything is omitted, it will affect the loan progress.
5. Notarization of loan contract
The borrower-level mortgagor fills in the loan contract and all relevant documents, signs them, and notarizes them by the notary.
6. Mortgage registration procedures
The bank goes to Chaquan for mortgage registration with the house ownership certificate and notarized loan contract.
Now, do you know the process of mortgage loan? Mortgage loan is a complicated loan. Predicting the process in advance can save you a lot of time. If you want to apply for housing mortgage loan, you should choose formal institutions and professionals for consultation.
Edit other information in this paragraph.
Mortgage form
Mortgage is divided into two forms: maximum mortgage and traditional mortgage. Maximum mortgage means that the mortgagor and the mortgagee agree to use collateral to guarantee the creditor's rights that occur continuously in a certain period of time, which is a new mortgage system different from the traditional mortgage system. Compared with the traditional mortgage system, the difference lies in:
(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) if there is a maximum mortgage, it must exceed the maximum payment;
(4) The maximum mortgage shall not be transferred with the transfer of the principal creditor's rights. Although the maximum mortgage is more independent than the traditional mortgage, it still belongs to the collateral, and its establishment mode and effect are not essentially different from the traditional mortgage.
Difference from mortgage loan
There are some differences between the mortgage stipulated in the Urban Real Estate Management Law and the Guarantee Law and the mortgage in Hong Kong, that is, the definition of mortgage in these two laws is based on the condition of not transferring possession.
Mortgage means that the mortgagor (buyer) obtains the ownership of the purchased commercial house by installment. There are two meanings for buyers: first, the house payment can be paid in installments within the prescribed time limit; Second, in the installment stage, the ownership of the house is "pressed" and cannot be "uncovered" (taken away) until it is paid in full. In addition, mortgage trading involves three kinds of debt relationships-namely, the relationship between the mortgagor (buyer), the developer (seller) and the mortgagee (usually the relevant bank). Its procedure is that the mortgagor (purchaser) first signs a purchase contract with the developer and prepays part of the purchase price; Then the mortgagor (buyer) signs a mortgage contract with the mortgagee (bank) on the basis of this contract, and the bank pays the rest of the house price to the developer, and the buyer pays the mortgage bank regularly until the "mortgage price" is paid according to the regulations, and the mortgage process is over.
Mortgage loan is a way for the buyer (mortgagor) to borrow money from the bank (mortgagee). That is, the buyer takes the purchased property as collateral, signs a mortgage contract with the bank, and takes the way of not transferring ownership as a guarantee to repay the loan to the bank on schedule. Interest must be paid on this loan. After the buyer (mortgagor) pays off the principal and interest to the bank according to the contract, he can recover the collateral-Property Ownership Certificate and Land Use Certificate. In other words, property buyers do not really own the ownership of the houses they buy before paying off the loans. If the repayment is not made on time, the bank can handle it according to law.
Mortgage loan is a popular way of real estate sales in the world. Although it is different from mortgage loan in nature, it has achieved the same goal in "suppressing the ownership of the house" to ensure the debt performance (installment payment and timely repayment).
Measures for the administration of mortgage loans
In order to better support the development of agriculture, countryside and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. In order to safeguard the legitimate rights and interests of both borrowers and lenders, these measures are formulated in accordance with the relevant provisions of the state.
Rule number one. Mortgage loan is a kind of loan method in which the borrower is willing to use his or a third party's property as a guarantee when borrowing money from the company. When the borrower fails to repay the loan principal and interest at maturity, the Company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
Article 2 Mortgage loans shall be handled in accordance with relevant state regulations, and mortgage loan contracts shall be signed on the basis of equal consultation.
Article 3. Scope of collateral: fixed assets (such as houses and other above-ground buildings, means of transport, machinery and equipment, etc.) with legal requirements and use value; Materials or property that can be circulated or transferred.
If the house purchased under the preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposition and income; An enterprise as a legal person with an operating period may not mortgage a house beyond the operating period;
If a house with land use years is mortgaged, the mortgage period shall not exceed the remaining years after the used years minus the used years stipulated in the land use right transfer contract. Where a house is mortgaged, the right to use the state-owned land within the occupied area of the house shall be mortgaged at the same time.
Article 4. Information to be provided by the mortgagor;
1. A written application of the mortgagor agreeing to mortgage and relevant certificates;
2. Qualification certificate of the mortgagor;
3. Proof of ownership (or disposition right) of the mortgaged property;
4. Basic information of the collateral;
5. Other relevant materials.
Article 5. Mortgage rate: according to the present value of collateral, the maximum is not more than 70%.
Article 6. Collateral shall be registered with the relevant departments according to law;
If the house is mortgaged, it shall be registered with the real estate management department;
With transport vehicles as collateral to the public security vehicle management department for registration;
Where machinery, equipment and other materials are used as collateral, they shall register with the administrative department for industry and commerce;
Collateral that has not been registered by the above-mentioned registration department shall go through notarization procedures at the notary department.
When the above-mentioned collateral is registered with the relevant departments, in principle, it is necessary to carry out asset evaluation and issue certification procedures to facilitate reasonable and legal mortgage loans.
Article 7 Custody of Collateral: In principle, the collateral shall be properly kept by the mortgagor, kept in good condition and subject to inspection by the Company at any time, and all expenses shall be borne by the borrower. During the mortgage period, the mortgagor shall not dismantle, lease, transfer or remortgage the mortgaged property.
Article 8 Mortgage insurance:
As a loan guarantee, in principle, the borrower is required to apply for mortgage insurance, and the loan company is indicated as the first beneficiary in the policy, and the insurance expenses are borne by the mortgagor.
Article 9. After the borrower repays the loan principal and interest according to the provisions of this contract, the mortgage property cancellation registration formalities shall be handled, and the mortgage loan contract shall be terminated.
Article 10 In any of the following circumstances, the company has the right to dispose of the collateral:
1. When the loan contract expires, the borrower maliciously evades the debt;
2. When the loan contract expires, the borrower is unable to repay the loan principal and interest;
2. If the borrower dies or is missing, his legal successor refuses to repay the loan principal and interest.
Eleventh, the proceeds from the disposal of collateral, pay the relevant fees, the loan principal and interest can be repaid. If the income is insufficient, the company has the right to pursue it until it is fully collected.
Subordinate classification
Article 180 stipulates that the following properties that the debtor or a third party has the right to dispose of may be mortgaged:
(a) buildings and other land attachments;
(2) The right to use construction land;
(3) The contracted management right of wasteland and other land obtained through bidding, auction and public consultation;
(4) Production equipment, raw materials, semi-finished products and products;
(5) Buildings, ships and aircraft under construction;
(6) means of transportation;
(seven) other property not prohibited by laws and administrative regulations.
The mortgagor may mortgage the property listed in the preceding paragraph together.
Property that can be mortgaged belongs to real estate. For movable property, the general way of setting pledge guarantee is otherwise stipulated in the property law.
According to the scope of collateral, it can be roughly divided into six categories:
(1) Inventory mortgage, also known as commodity mortgage, refers to applying for loans from banks with various goods such as commodities, raw materials, products in process and finished products as collateral.
(3) Securities mortgage, in which stocks, bills of exchange, promissory notes, certificates of deposit, bonds and other securities are used as collateral to obtain short-term loans;
(4) Equipment mortgage refers to mechanical equipment, vehicles, ships, etc. As a guarantee for obtaining regular loans from banks;
(5) Real estate mortgage, that is, the borrower provides land, houses and other real estate mortgages to obtain loans;
(six) mortgage of life insurance policy refers to the establishment of mortgage right on the claim of insurance money. It takes the surrender amount of life insurance contract as the limit, and the insurance policy as the mortgage to issue loans to the insured.
Mortgage loan classification
Bank mortgage loan
I. Personal housing loans
1, personal housing commercial loan
Personal housing commercial loan is a self-operated loan issued by bank credit funds, which refers to a commercial housing loan that a natural person with full capacity for civil conduct applies to the bank as a guarantee for repayment of the loan when buying a self-occupied house in a town of this city.
2, personal housing provident fund loans
Personal housing provident fund loan is an entrusted loan issued by policy housing provident fund, which refers to the housing provident fund loan that employees who pay housing provident fund apply to the bank when they buy, build, renovate or overhaul their own houses in cities and towns of this city, with their own property houses as a guarantee to repay the loans.
3. Individual housing portfolio loans
Borrowers who meet the requirements of personal housing commercial loans can deposit housing provident fund at the same time, or apply to the bank for personal housing provident fund loans while handling personal housing commercial loans, that is, borrowers can apply to the bank for personal housing provident fund loans and personal housing commercial loans (this loan method is referred to as personal housing portfolio loans) with the urban self-occupied housing purchased in this city as collateral.
Second, the enterprise mortgage loan
Enterprise loan target: all kinds of small and medium-sized enterprise customers with good business conditions in industrial and commercial registration.
Term of enterprise loan: generally 1-5 years.
Enterprise loan amount: generally 500,000 ~ 65.438+0 billion yuan.
Basic requirements:
1. SMEs registered in Shanghai
2. Hold the loan card of China People's Bank and have no bad credit record.
3. The company has been registered and operated 1 for many years, with an annual turnover of more than 3 million in the latest year.
The comprehensive interest rate and expenses are generally between 8%- 14%.
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 real estate mortgage as the guarantee method of the trust loan. The interest rate plus handling fee is generally around 18% per year.
Real estate investment trust
Real Estate Investment Trusts, abbreviated as "REITs", literally translated as real estate investment trusts, also known as real estate investment trusts, originated in the United States. REITs are generally divided into three types: equity REITs, mortgage REITs and mixed REITs.
Housing mortgage emergency loan
Clients: 1, small and medium-sized enterprises registered in Shanghai, operating normally, with collateral under the names of enterprises or shareholders.
2. Individuals with mortgage in Shanghai.
3. Enterprises or individuals whose relatives and friends have collateral that can provide mortgage.
Collateral is divided into: houses, office buildings, shops, factories, land, etc. , can be mortgaged.
Amount: 70% of the appraised value of the house, with a single amount of 65,438+10,000-50 million.
Duration: one month to one year
Repayment method: 1, with one-time interest payment and repayment of the principal when due.
2. Pay interest every month and repay the principal when due.
Monthly interest rate: from 1.5%
Advantages: mortgage emergency bank loans can be one suite or multiple suites.
No age limit; The approval period is short, and the loan can be released on the same day.
Pawnshop mortgage loan
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.
automobile mortgage
Automobile mortgage is a loan obtained from a financial institution or an automobile consumption loan company with the borrower's or a third party's car or self-purchased car as collateral. At present, the main purpose of loans secured by automobiles is automobile consumption. Of course, cars depreciate rapidly, and traffic accidents are likely to affect the value of vehicles. There are relatively few ways for financial institutions to issue loans with cars as a single mortgage. The emergence of Renrenbao, a service platform in automobile mortgage, has provided a new channel for people with private cars to borrow short-term financing.
Five-color soil mortgage loan
The borrower mortgages the real estate in the name of the lender (natural person), and the lender directly gives the funds to the borrower, and the borrower repays 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: AAA, AA, A, etc.
The interest rate plus fees is generally around 18% per year.
From June 5438 to October 2003 10, five-color soil pioneered the risk rating of real estate mortgage loan in China, and was called "five-color soil model" by the industry because of its standardization, sunshine and specialization. See the right figure for the risk rating signs.