Full name: individual commercial loan contract "individual housing commercial loan contract"
Is there a loan contract for commercial loans?
Commercial loans have loan contracts. Commercial loan contracts mainly include loan terms, guarantee terms, liability for breach of contract, relief measures and other agreed terms that endanger the lender's bonds.
1. What is a commercial loan?
Commercial loans are loans used to supplement the working capital of industrial and commercial enterprises. Generally, they are short-term loans, usually 9 months, and no more than one year at most, but there are also a few medium-and long-term loans. This kind of loan is the main part of commercial bank loans, generally accounting for more than one-third of the total loans.
Commercial loans, also known as individual housing loans, are commercial banks and housing savings banks approved by the People's Bank of China, which provide loans for urban residents to purchase ordinary housing for their own use and implement the statutory loan interest rate. Many commercial banks in Beijing have this business, such as CCB and ABC. The procedures for applying for loans are basically the same.
Personal housing commercial loans are self-operated loans issued by banks with their credit funds. Specifically, it refers to the commercial housing loan that a natural person with full capacity for civil conduct applies to the bank for repayment of the loan with the purchased property housing as collateral when purchasing the urban self-occupied housing in this city. Personal housing commercial loan is a kind of loan that China citizens apply to the bank for the purchase of commercial housing. According to the relevant regulations of the bank, anyone who meets one of the following two conditions can apply for loan varieties: first, residents who participate in housing savings; Second, the house seller and the loan bank agreed that the real estate guarantee enterprise would provide guarantee to the bank for the residents' house purchase loan. Commercial loans refer to the proportion of commercial loans in the guarantee balance of housing property right guarantee institutions at the end of the statistical period.
Two, the application conditions of commercial loans:
When applying for loans, Beijing urban residents with full capacity for civil conduct, nonlocal residents with the right of residence in Beijing, overseas and foreign citizens must meet the following conditions:
1. Has legal residence status.
2. Have a stable occupation and income.
3. Have the ability to repay the loan principal and interest on schedule.
4. There is an asset mortgage or pledge recognized by the loan bank, or (and) there is a guarantor who meets the prescribed conditions as its guarantee.
5. There is a purchase contract or agreement.
6. When applying for a loan, there is a deposit of not less than 30% of the funds required for house purchase in CCB. If the house payment has been paid in advance to the selling unit, the original and photocopy of the payment receipt are required.
7. Other conditions stipulated by the lending bank.
Where can I find a mortgage contract?
Where can I find the house loan contract number?
The housing loan contract number actually means that the loan contract signed by the buyers will have a number, which is also the only number, and the contract information can usually be queried according to this number.
1, query on the loan contract, the combination of a string of letters and numbers in the upper right corner of the first page of the house purchase loan contract is the loan contract number;
2. Online inquiry shows that official website, the local housing authority, has included relevant housing loan information, and the loan contract number can be found by inputting the name of the property owner, the title certificate number and other information;
3. Inquire at the loan bank and directly bring your ID card, real estate license, etc. Go to the counter of the bank where the mortgage is located to find the loan contract number.
What if the house loan contract is lost?
1. Go to the loan bank and ask for a copy.
If the house is a personal commercial loan, the applicant can bring his valid ID card and other materials to the relevant commercial loan bank. If the application is lost, the bank will have a copy of the original loan contract as long as it makes a copy.
2. Go to the provident fund center to check the files.
If you choose a housing provident fund loan to buy a house, after the loan contract is lost, the applicant can bring his valid ID card and other materials to the local provident fund center to check the files.
3. Go to the housing management center to check the files.
Borrowers can also bring personal identity cards, real estate licenses and other related documents to the real estate mortgage department of the local housing management center for file inquiry, but they need to pay a certain handling fee.
What is the loan contract for individual housing and commercial housing?
What should be included in the loan contract? 1. Loan types Loan types are mainly classified according to the borrower's industry attributes, loan purposes, capital sources and applications. According to different types of loans, the national credit policy has different provisions on loan limits and interest rates to reflect the credit principle of differential treatment and preferential support. Therefore, the loan contract must specify the type of loan, which is an indispensable main clause of the loan contract. 2. Borrowing currency The borrowing currency is the type of the subject matter of the loan contract. The subject matter of the loan contract includes some foreign currencies other than RMB, such as USD, JPY, EUR, etc. Interest rates in different currencies are different, and the loan contract should clearly stipulate the currency. 3. Purpose of borrowing The purpose of borrowing refers to the scope and content of borrowing, that is, in the process of production and reproduction, what kind of production factors are combined with borrowing, which stipulates the use direction of borrowing. The purpose of the loan is determined by the type and conditions of the loan. Banks strictly stipulate the various uses of loans and supervise the use of loans, which is conducive to ensuring the implementation of national industrial policies and the coordinated development of the national economy, and is also conducive to ensuring the safety of loans. 4. Loan amount The loan amount refers to the amount of money borrowed. 5. Loan interest rate refers to the ratio of loan interest to loan principal in a certain period of time. Interest rate is very important to determine the rights and obligations of both parties, and the loan contract cannot be without interest rate clauses. 6. Loan Term The loan term refers to the loan term agreed by the borrower and the borrower in the contract according to relevant regulations. The loan term shall be determined according to the type, nature and purpose of the loan. In the loan contract, the loan term concluded by the parties must be specific, clear and comprehensive to ensure the smooth performance of the loan contract. 7. Repayment method Repayment method refers to the settlement method adopted by the borrower to repay the loan to the lender. Ordinary borrowers can use the method of one-time settlement and installment repayment. If it is an installment payment, the specific time and amount should be specified. 8. Liability for breach of contract Liability for breach of contract refers to the legal liability that the parties should bear when they fail to perform their contractual obligations. If there is no liability clause for breach of contract in the loan contract, the parties' breach of contract will lose its legally binding basis, the rights of the parties will lose their protection, and the performance of the contract will be seriously affected. It is of great significance to stipulate the liability clause for breach of contract in the loan contract for urging the parties to perform the contract in a timely, correct and comprehensive manner and protecting the rights and interests of the parties.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.
Article 670 Interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
Is the original individual housing loan contract of commercial bank kept in the loan bank?
The original personal housing loan contract of a commercial bank will not be retained by the lending bank, and the lending bank and the lender will sign the loan contract, and the purchase contract will be made in triplicate, one for the buyer, one for the Housing Authority and one for the developer.
According to Article 6 of the Measures for the Administration of Individual Housing Loans, the borrower shall provide the lender with the following information:
I. Identity documents (referring to resident identity cards, household registration books and other valid residence certificates);
2. Proof of the stable income of the borrower's family;
Three, in line with the provisions of the purchase contract letter of intent, agreement or other approval documents;
Four, the list of collateral or pledge, proof of ownership and the certificate of consent of the authorized person to mortgage or pledge; Certificate of collateral valuation issued by the competent department; The guarantor agrees to provide written guarantee documents and the guarantor's credit certificate;
Five, to apply for housing provident fund loans, you need to hold a certificate issued by the housing provident fund management department;
6. Other documents or materials required by the lender.
Extended data:
Article 17 of the Measures for the Administration of Individual Housing Loans: If real estate is used as mortgage, the mortgagor and the mortgagee shall sign a written mortgage contract and go through the mortgage registration formalities at the department designated by the local people's government at or above the county level before the loan. The relevant contents of the mortgage contract shall be determined in accordance with the provisions of Article 39 of the Guarantee Law of People's Republic of China (PRC).
Article 18 The borrower shall properly keep the mortgaged property during the mortgage period, be responsible for repairing, maintaining and ensuring its integrity, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization.