Legal analysis: Different areas have different conditions for repaying commercial mortgage and withdrawing provident fund, so some cities can withdraw provident fund from second-home commercial loans, while others can't. Taking Wuhan as an example, the conditions for the withdrawal of the provident fund for commercial loans are that employees' families purchase the first set of self-occupied housing, use personal housing commercial loans and the loans are not settled. After the loan is paid normally and repaid for six months, the balance of the housing provident fund account can be withdrawn once a year to repay the housing loan.

Legal basis: Regulations on the Management of Housing Provident Fund

Article 5 The housing accumulation fund shall be used for the purchase, construction, renovation and overhaul of self-occupied housing by employees, and no unit or individual may use it for other purposes.

Article 16 The monthly deposit amount of employee housing provident fund shall be the average monthly salary of the employee in the previous year multiplied by the deposit ratio of employee housing provident fund.

The monthly deposit amount of housing provident fund paid by the unit for employees is the average monthly salary of employees in the previous year multiplied by the proportion of housing provident fund paid by the unit.

Twenty-fourth employees in any of the following circumstances, you can withdraw the balance of storage in the employee housing provident fund account:

(a) the purchase, construction, renovation and overhaul of owner-occupied housing;

(2) retirement;

(three) completely lose the ability to work, and terminate the labor relationship with the unit;

(4) Having left the country to settle down;

(5) Repaying the principal and interest of the house purchase loan;

(six) the rent exceeds the prescribed proportion of family wage income.

In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time.

If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund.

2. Can I still use provident fund loans if I have commercial loans under my name?

First, yes. Commercial loans and provident fund loans do not affect each other.

1. Personal housing portfolio loan refers to the borrower who meets the conditions of personal housing commercial loan and pays the housing provident fund at the same time, and can apply for personal housing commercial loan from the bank with the urban self-occupied housing (or other) in this city as collateral.

2. If the user fails to pay off the commercial loan, the down payment for re-applying for the housing provident fund loan is calculated according to the second suite, with the minimum down payment ratio of 50% and the interest rate floating 10%.

Second, how to extract the public from the commercial loan to buy a house?

1. The company verifies the relevant extraction certification materials and photocopies provided by individual employees, and the qualified agent of the company fills in the extraction application form and the extraction print list uniformly printed by the management center, and applies to the account opening management department.

2. The cashier in the management department will review the withdrawal tube, amount, times and personal account information. To meet the extraction conditions, handle the extraction and know the reasons for not allowing the extraction; If you can't reply in time under special circumstances, you should consult the director of the management department and the relevant departments of the management center, and give the unit a clear answer within three days.

3. The drawer's accumulated withdrawal amount has reached the withdrawal limit, and the withdrawal application is processed again.

Not included in the designated account, the unit or individual can query through the management department.

5 housing provident fund extraction in principle by the unit manager. When there is a dispute between an individual and a unit over the withdrawal of housing provident fund, if the unit does not handle it for employees, it shall be coordinated by the management department.

6. Employees sealed in the centralized storage warehouse shall handle personal withdrawal business after their certificates, photocopies, savings account numbers and related certification materials are audited by the management department.

3. Can I still use the provident fund for the commercial loans of the two houses under my name?

According to the latest policy of the national provident fund, buyers with more than two houses under their names cannot use provident fund loans to buy a house.

According to the latest policy, if the buyer's husband and wife have no house, they can use the provident fund loan normally, and the down payment is 20% to 30% depending on the developer's ability. If the husband and wife own a house, they can also use the provident fund, but the down payment should be raised to 60%. If there are more than two houses in the name, you can't use the provident fund, but you can use it for other purposes, such as the cost of children's schooling.

4. Can I still use the provident fund after borrowing two commercial loans?

I can't.

After the title certificate comes down, it must be pledged in the loan bank or provident fund center, so a certificate cannot be mortgaged in two institutions.

In addition, whether it is a provident fund or a commercial loan, you need to pay some cash as a down payment, which is also the embodiment of your solvency. With this premise, they will give you a loan.

So it is impossible to borrow money from two institutions.