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Guarantor loan process
Legal analysis: (1) Housing mortgage loan guarantee takes housing as loan guarantee, and the collateral acceptable to the loan bank is: purchased housing and housing owned by the borrower (with property rights).

The borrower and the borrower shall go through the mortgage registration formalities with the real estate management authority in accordance with the relevant laws and regulations, and the mortgage registration fee shall be borne by the borrower.

If the borrower chooses mortgage as loan guarantee, it is also required to purchase collateral property insurance and loan guarantee insurance from an insurance company recognized by the loan bank according to regulations, and it is clear that the loan bank is the first beneficiary of the insurance, and the insurance period is not shorter than the loan period, and the insurance amount is not less than the total loan principal and interest. During the mortgage period, the insurance policy shall be kept by the lending bank, and the insurance expenses shall be borne by the borrower.

In the form of mortgage guarantee, the borrower needs to pay mortgage registration fee, insurance fee and collateral evaluation fee. If the borrower's economic conditions are relatively rich, this method is an ideal choice and the most acceptable loan guarantee method for banks.

(2) Taking the pledge of rights as the loan guarantee, the collateral acceptable to the bank is: specific securities and certificates of deposit. Securities include treasury bills, financial bonds and corporate bonds recognized by banks, and certificates of deposit only accept RMB time certificates of deposit.

When the borrower applies for a pledge loan, the amount contained in the pledge right certificate must exceed the loan amount, that is, the amount contained in the pledge right certificate must be at least 10% of the loan amount.

All kinds of bonds can be used for pledge only after they have been evaluated by the loan bank and proved to be true and effective. Renminbi certificates of deposit must have the identification certificate of the bank where the deposit is made and the certificate of no loss reporting.

When signing a loan pledge contract with the bank, the borrower shall hand over the securities, certificates of deposit and other pledges to the loan bank for safekeeping, and the loan bank shall assume the custody responsibility.

Tip: Choosing the pledge loan guarantee method requires the borrower to have sufficient financial assets. Relying on these financial assets can completely meet the demand of buying a house, but it is difficult to realize it when buying a house or because it will bring certain losses. So only a few people can pledge.

(3) Third-party secured loan guarantee

A third-party secured loan requires the borrower to provide a guarantor recognized by the loan bank.

According to the regulations of the loan bank, the guarantor must be an enterprise legal person, and the loan guarantee provided to the borrower is an irrevocable joint liability guarantee.

Legal basis: Article 11 of the Interim Measures for the Administration of Personal Loans shall meet the following conditions:

(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;

(2) The purpose of the loan is clear and legal;

(3) The amount, duration and currency of the loan application are reasonable;

(4) The borrower has the willingness and ability to repay;

(5) The borrower's credit status is good and there is no significant bad credit record;

(6) Other conditions required by the lender.