1. If the overdue period is less than three months, the bank has no right to sue and has not been brought to court, so naturally it will not be the person who has been executed for breach of trust.
2. If the overdue period is far more than three months, the customer has been in arrears, and the bank brings a lawsuit to the court, and the court still refuses to repay the loan after the judgment. The court found that the customer obviously has the ability to repay, and it is possible to include it in the list of people who have lost their trust.
3. If the overdue customer is really unable to repay the loan, and is unable and intentionally breaches the contract, it should not be listed as an executor of dishonesty by the court. However, the court can enforce it. At that time, I'm afraid the house will be taken back for auction, and then the proceeds from the auction will be used to pay off the debts.
First, the process of buying a new house with a loan
1. Before applying for a loan, buyers need to know whether the purchased building has a letter of commitment from the bank to provide personal housing loans. Then, the property buyers apply for individual housing loans, fill in the loan application approval form, and submit the original and photocopy of relevant materials (down payment certificate, sales contract, ID card, proof of economic income source, etc.). ) to the loan bank;
2. Developer: As the loan guarantor, sign and seal the guarantor's opinion column of the loan application approval form;
3. Loan bank: the loan officer will review all the materials and documents submitted by the loan applicant and approve them step by step;
4. The loan bank takes back the completed materials and issues loans according to the legally effective loan contract;
5. Go to the housing management department: go through the registration procedures for real estate mortgage;
6. Inform the developer to recover the loan contract, and the developer will issue a certificate of paying off the house payment to the loan bank;
7. Inform the buyer to recover the loan contract, IOU and insurance policy;
8. The loan officer of the loan bank files the loan. Specifically, you can also consult the items you want to buy and the bank that handles the mortgage loan for new houses.
Second, the second-hand housing loan process
1. Submit the materials required for the second-hand housing loan.
The buyer needs to provide: ID card, household registration book, marriage certificate or divorce certificate+divorce agreement or court judgment (only for married or divorced people), income certificate, bank account within 6 months, loan bank savings card, and submit the purchase contract at the same time, that is, the stock house sales contract.
2. The bank's appraisal of the house applying for loan.
General banks will be evaluated by professional institutions.
3. Bank approval
After the approval, the bank will issue a loan approval letter to prove to the seller that the bank agrees to lend to the buyer, and the seller can safely transfer the house to the buyer.
4. Transfer of ownership
After the implementation of the real estate registration system, buyers and sellers can now directly register the names of buyers on the real estate license by changing the original real estate license into the real estate license at the real estate registration agency.
5. Give the title certificate to the bank as collateral.
Go to the real estate registration department to apply for the real estate registration certificate, which proves that the bank has the mortgage right to the real estate, and the general bank will hand it over to a specialized agency for mortgage.
6. Bank loans
After completing the relevant procedures, the bank will transfer the loan to the bank account opened by the seller in the loan bank in one lump sum or by stages according to the relevant contract, so that the procedures for second-hand loans are basically completed.
Third, what should I do if the mortgage is overdue?
1. Overdue repayment after the repayment date will be recorded in the credit report; Overdue bad records will be recorded in personal credit records, and if they are not returned all the time, they will be blacklisted, which will affect personal credit information; Handling methods and consequences of bad credit reports; Ensure that the arrears are paid off in time and pay all expenses.
2. Bad records can be cleared automatically after five years, and loan business can be handled normally at that time; If there is no repayment, the bank can trace it back once after five years, and the non-recording period will be increased by five years; If the circumstances are bad, it can be traced back to permanent preservation.
3. During the period of bad credit reporting, you can't buy train tickets or plane tickets to travel; During the period of bad credit investigation, loans and credit cards cannot be used; During the period of bad credit reporting, travel abroad is restricted.
4. If all the consumption funds are paid off before the due repayment date of the current billing cycle, credit card consumption can enjoy an interest-free period without generating cyclic interest. If you use the cash advance function, you can't enjoy the interest-free period for the cash advance part. Interest will be calculated from the day of withdrawal, with a daily interest rate of five ten thousandths, and compound interest will be calculated monthly until it is paid off.
Legal basis:
Article 46 of the Urban Real Estate Management Law stipulates: "When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from the auction of mortgaged real estate according to law."
1. When the borrower cannot obtain a loan, the lending institution can auction the borrower's property, and the proceeds from the auction will be used to repay the loan. It should be noted that if the income is not enough to pay off the loan, the lending institution will recover the insufficient part.
2. What are the consequences of mortgage? If the borrower fails to repay the loan, this situation will be truthfully recorded in the credit information system of the People's Bank of China. Borrowers who apply for credit cards will be rejected in the future. In addition, it also affects the spouse's credit.