There are restrictions on the use of real estate mortgage loans. The contents of the mortgage contract include: the type and amount of the secured principal creditor's rights.
Securities Law of People's Republic of China (PRC);
Article 38 A mortgagor and a mortgagee shall conclude a mortgage contract in writing.
Article 39 A mortgage contract shall include the following contents:
(1) The type and amount of the secured principal creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) Name, quantity, quality, condition, location, ownership or right to use the mortgaged property;
(4) The scope of mortgage guarantee;
(five) other matters that the parties think need to be agreed.
If the mortgage contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.
Article 40 When concluding a mortgage contract, the mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgaged property shall be transferred to the creditor when the mortgagee is not paid off at the expiration of the debt performance period.
Article 41 Where a party mortgages the property specified in Article 42 of this Law, it shall register the mortgaged property, and the mortgage contract shall take effect from the date of registration.
Forty-second departments for mortgage registration are as follows:
(a) the land management department that issued the land use right certificate if there is no mortgage of the land use right fixed on the ground;
(two) departments designated by the local people's governments at or above the county level with urban real estate or buildings such as factory buildings of township (town) and village enterprises as collateral;
(3) Where forest trees are mortgaged, the competent forestry authorities at or above the county level;
(4) Where an aircraft, ship or vehicle is mortgaged, the means of transport registration department;
(5) Where the equipment and other movable property of the enterprise are mortgaged, the administrative department for industry and commerce where the property is located.
Forty-fourth for the registration of collateral, the following documents or their copies shall be provided to the registration department:
(a) the main contract and mortgage contract;
(2) Proof of ownership or right to use the mortgaged property.
Second, is there a limited loan purpose for handling real estate mortgage loans?
The requirements of banks in different regions may be different, depending on the application conditions of local banks.
Real estate mortgage loan conditions:
1,18-a natural person aged 65;
2. Have a proper occupation and a stable source of income, and have the ability to repay the loan principal and interest on schedule;
3. There is no illegal act;
4. Good credit information and bad credit records;
5. Being able to provide effective rights pledge guarantee recognized by the bank or legal and effective real estate as mortgage guarantee or a third-party guarantee with compensatory ability;
6. Open a personal settlement account of the bank, and agree that the bank will deduct the loan principal and interest from the personal settlement account designated by it;
7. The property right of the house is clear and meets the listing and trading conditions stipulated by the state;
8. Real estate can enter the real estate market without any other mortgage;
9. The sum of the housing age and the loan application period cannot exceed 40 years;
10. Mortgaged houses are not included in the local urban reconstruction plan, and there are real estate licenses and land certificates issued by real estate departments and land management departments;
1 1, other conditions stipulated by the bank.
Three. What restrictions do banks have on the use of housing mortgage loans/housing mortgage loans?
Hello! If the loan is handled by China Merchants Bank, our loan will be issued according to the purpose of the loan. When applying for a loan, a written proof of the loan route must be submitted. The current loan purpose is as follows: 1. Car purchase, parking, decoration, education, bulk consumption, shopping, tourism and other personal or family legal consumption; And the purpose of business turnover; 2. The purpose of the loan must comply with the provisions of relevant state laws, regulations and policies, and shall not be used for illegal purposes such as gambling in areas prohibited by state laws and regulations and state regulatory authorities; Such as stocks, bonds and other investments; Whether you can apply for a loan for a specific purpose, it is suggested that you directly consult the personal loan department of the local outlet for confirmation and supplement: mortgage of real estate has become a common way of borrowing now, and the materials required for mortgage bank loans include identity certificate, household registration book, marriage certificate, income certificate, property certificate, mortgage property evaluation report, loan purpose certificate and other materials stipulated by the bank. But many people don't know that there are still some restrictions on handling mortgage bank loans. Next, I will introduce you to these restrictions. 1. Age limit: a natural person who has reached the age of 18 and has full capacity for civil conduct; 2. Limitation on price difference in real estate assessment: When applying for mortgage loan, you need to provide an evaluation report, but the bank will also appoint an evaluation agency to re-evaluate the value of the mortgaged property. If there is a big discrepancy between the two, it is likely that the bank will refuse the loan because it thinks you are suspected of fraudulent loans; Third, personal credit restrictions, such as unstable professional income, bad credit, unpaid repayment ability: many people want to get high loans, but you have to have corresponding income to match them. It is reported that banks generally require an individual's monthly income to be twice the monthly repayment amount, so if this standard is not met, set an ideal loan amount? Of course, you can choose to reduce the loan amount. Although it is easier to apply for a loan with a real estate escort, it is not omnipotent. If your personal credit has a bad record, you are also at risk of being refused a loan. 4. Other restrictions stipulated by the bank that do not meet the loan conditions: 1. The nature of the source of ownership is to restrict mortgage without the consent of the Municipal Bureau (including welfare houses, micro-profit houses, administrative allocated land and land with reduced land price); 2, according to the city planning, the municipal government decided to recover the land use right; 3. Judicial organs and administrative organs have ruled or decided to seal up or restrict real estate rights in other forms according to law; 4.* * * owns real estate without the written consent of other * * * people; 5. The ownership is disputed; 6, laws, regulations or municipal government regulations prohibit mortgage; 7. Other collective land use rights except the collective land use rights occupied by buildings such as township (town) and village enterprise workshops, and the collective land use rights such as barren hills, gullies, hills and beaches contracted according to law and mortgaged with the consent of the employer.