Some users have encountered the situation that the down payment has been completed, but the loan has been delayed. In this case, it can be solved by the following methods:
1. Ask the developer to refund the down payment and deposit: If the developer cannot get a bank loan because he has not obtained the pre-sale permit, he can ask the developer to refund the down payment and deposit.
2. Apply for a loan from another bank: the loan information submitted by the lender failed to pass the bank review, which led to the failure of the loan. You can try to apply for a loan from another bank.
3. Submit more financial certificates: If the loan cannot be approved due to insufficient financial certificates, you can submit other financial certificates to the bank, such as car purchase invoices, insurance policies, bonds and other materials, so that the bank can re-evaluate the individual repayment ability.
4. Increase the down payment: appropriately increasing the down payment can reduce the loan risk. At this time, the approval speed of banks is often faster.
What should I do if I pay the down payment for buying a house and the mortgage cannot be done?
Buying a house and paying the down payment can be divided into the following situations:
(1) The mortgage can't be done, which is caused by the developer's reasons, such as the developer's incomplete procedures, which makes it impossible for the buyer to handle the mortgage and continue to perform the contract. In this case, property buyers can return a house without responsibility, and even ask the developer to compensate for their own losses.
(2) If it is because of the adjustment of the national loan policy, the restriction of the bank loan scale and other policy reasons, then this situation can not be blamed by both developers and property buyers. If this happens, the buyer can also request to return the house and refund the down payment.
(3) If it is due to the buyer's own reasons, such as incomplete information provided, or the buyer's lack of repayment ability, the bank thinks that the buyer does not meet the loan conditions, resulting in the loan being unavailable, and the buyer's request to cancel the house purchase contract is generally not supported. If this happens, buyers should renegotiate the payment with the developer or pay the house payment directly to the developer. If the house payment cannot be paid, the developer may require the buyer to bear the liability for breach of contract according to the contract.
Legal basis: the Supreme People's Court's interpretation of some issues concerning the application of law in the trial of commercial housing sales contracts.
Article 19 As stipulated in the commercial housing sales contract, if the buyer fails to conclude the commercial housing secured loan contract due to one party's reasons, the other party may request to cancel the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.
What if I can't get the down payment for buying a house?
1, understand the reasons why the loan can't be done and remedy it. When you know that the loan can't be done, you should first ask the bank clerk to understand the reasons why your loan can't be approved, and then make corresponding remedial measures. Generally speaking, with proper remedial measures, banks will lend soon.
2. Try another bank. Different banks have different loan policies. If you fail to apply for a loan in this bank, you may be able to get a loan in a bank with loose loan policy, so when the loan fails, buyers can try to change to another bank for a loan.
3. Find a guarantee company. If you really want to buy this house, but you can't make up the rest of the loan, then you can try to find some reliable guarantee companies. However, it should be noted that the fees charged by the guarantee company will be relatively high, which will generate many additional fees, including handling fees, guarantee fees, interest fees and so on.
4. Refund the down payment. If the loan can't be made, the buyer can't afford the purchase cost himself, and he doesn't want to find a guarantee company. He can negotiate with the seller to return the house and refund the down payment. It should be noted that according to the provisions of the purchase contract, buyers need to pay a certain penalty for directly returning the down payment.
The reason why the house loan can't be done
1. There is something wrong with the buyer's own credit investigation and submission materials.
If the mortgage can't be done, you must first confirm whether there is any problem with your credit information and submitted materials. If the personal bad credit record is not intentionally caused, we can negotiate with the bank that has overdue whether it can issue a non-malicious overdue certificate, but it may not work in a bank with strict policy requirements. At this time, the key depends on the requirements of overdue banks and banks preparing to apply for mortgages. Before applying for a loan, you can consult the loan officer of the loan bank in detail, because the other party is your docking person, so you know your situation better and solve the problem more pertinently.
2. Reasons of the seller (developer, seller)
When buying a new house, because there are many people buying a house, it is inevitable that there will be a shortage of materials, or developers will sell houses without pre-sale permission. In both cases, the loan caused by the developer can't be done. The purchaser can ask the developer to cancel the contract, and ask for the refund of the down payment and deposit, and bear the corresponding liquidated damages.
Buying a second-hand house loan is no good. The most common problem is that the property rights of second-hand houses are unclear, and the houses are too old to meet the conditions of five independence. To put it bluntly, the second-hand house owner intentionally or unintentionally concealed the real situation of the house, so the verification work before buying a house is particularly important. In addition to looking at the information of the property right certificate, we can also understand the owner's situation through the real estate registration department and other neighbors in the community, and at the same time make clear the liability for breach of contract when signing the contract, which can be justified.
Bank loans are very slow.
There is another situation, that is, materials and houses are fine. After waiting for several months, the mortgage just won't come down. Ask the loan officer only that it has been approved, but the loan needs to be queued. This year, the policy has been tightened and the loan time has generally become longer. Three or four months is too much. Pay attention to psychological preparation at this time. When signing a loan contract, it is necessary to specify the loan time. If the loan officer has informed us in advance that the loan is slow, if the loan term has been written into the contract, and the bank fails to lend on time within the specified time, it is a bank default, and the buyer can claim that the bank should bear the liability for breach of contract.
When I was in mortgage to buy a house, what should I do if the bank loan was not approved after I paid the down payment?
If the down payment is made and the loan cannot be approved, you can request to terminate the contract and return the principal of the purchase price and its interest or deposit to the buyer.
According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Cases, the commercial housing sales contract stipulates that if the buyer fails to conclude a secured loan contract for commercial housing due to the reasons of one party, the other party may request to terminate the contract and compensate for the losses.
If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.
Extended data:
If the loan cannot be approved after the down payment is made, the contract can be terminated and the down payment and interest can be refunded.
Because according to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contracts, if the loan cannot be approved due to objective reasons, the parties may request the termination of the contract and then refund the down payment and other expenses to the buyer.
Property buyers, in particular, must first understand the reasons why loans are not possible. If the problem lies in the buyer's own credit, running water and liabilities, it is suggested to increase the down payment and reduce the loan application amount, and then apply for a loan from the bank after the information is fully prepared.