Mortgage loan contract of house pledge
ContractNo.: _ _ _ _ _ _ _ _
Borrower: _ _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Lender: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Address: _ _ _ _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Pledger: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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All parties to the Contract have entered into this Contract through voluntary and equal consultation, and * * * agree to abide by the following terms:
Article 1 A borrower applies for a loan from a lender for the need of buying a self-occupied house.
Article 2 The borrower (pledger) voluntarily takes the property it has the right to dispose of as the pledge of the loan under this contract and pledges it to the lender. The present value of the pledge appraisal is RMB (in words) _ _ _ _ _ _ _ _ _ _ (see the pledge list and pledge appraisal certificate for details, and the list number is _ _ _ _ _ _ _ _ _ _). The handover time of the pledged property is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 The lender agrees to issue individual housing loan to the borrower, with the amount of RMB (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 4 The borrower shall repay the loan principal and interest under this contract on a monthly basis. Calculation formula of monthly repayment amount:
First, the equal repayment method:
Monthly interest rate of total loan principal [1+ monthly interest rate] (superscript) Number of repayment months
Monthly debt service =-.
[1+ monthly interest rate] (superscript) Number of repayment months-1
Second, the diminishing repayment method:
Credit principal amount
Monthly repayment of principal and interest =-+[loan principal-repaid loan principal] monthly interest rate
Number of loan months
The loan principal and interest under this contract shall be repaid in the form of _ _ _ _ _ _ _ _ _ _.
Article 5 The scope of pledge guarantee includes the principal creditor's rights, interest, liquidated damages, damages, expenses for keeping the pledged property and expenses for realizing the pledge right.
Article 6 The Borrower authorizes the Lender to transfer the loan under this Contract to the account opened by the selling unit in the bank.
Article 7 During the loan period, the borrower shall deposit at least two months' repayment into the deposit account opened by the lender, and irrevocably authorize the lender to deduct the relevant arrears under this contract from this account.
Article 8 The borrower shall repay the loan principal and interest in full and on time according to the repayment plan concluded in this contract. If it is necessary to postpone repayment, the Borrower shall apply for postponement 15 days before the repayment date, and go through the formalities of postponement with the consent of the Lender, who will charge the loan interest according to the loan interest rate agreed in Article 3 of the Contract. If the Lender does not agree to postpone repayment or the Borrower does not apply for delaying repayment, after loans overdue, the Lender will collect overdue interest according to regulations. The number of times the borrower applies for extension shall not exceed _ _ _ _ _ _ _ _, and each extension shall not exceed one month.
The borrower can repay all the loans in advance, but it must notify the lender in writing 10 days in advance, and the loan interest charged will not be adjusted.
Article 9 After the borrower applies for extension, the pledgor will voluntarily continue to undertake the guarantee responsibility after the lender agrees to go through the formalities of deferred repayment.
Article 10 During the pledge period, the lender has the right to collect the price obtained from the pledge.
Article 11 The pledger shall take out property insurance, and the property insurance policy shall be kept by the lender. During the pledge period, the pledger shall be responsible for the renewal of the insurance period of the pledged property. During the pledge period, if the pledged property suffers losses within the scope of insurance liability, the pledgor must repay the secured creditor's rights with the insurance creditor's rights or deposit them in a special account designated by the lender. If the creditor's rights are insufficient to pay off the secured creditor's rights, the borrower shall be responsible for making up or providing other guarantees.
Article 12 The pledgor shall be responsible for the insurance, evaluation, registration, transportation and other expenses of the pledged property.
Article 13 The pledge listed in the List of Pledges shall be handed over to the Lender for safekeeping, and the pledger shall pay the Lender a one-time safekeeping fee of _ _ _ _ _ _ _ based on the assessed amount on the handover date of the pledge. If the pledged property is damaged or lost due to improper storage, the lender shall be liable for compensation (except for natural and objective reasons).
Article 14 When the pledged property may be damaged or its value is obviously reduced, the lender has the right to request the pledgor to provide corresponding guarantee. If the pledgor fails to provide it, the lender has the right to auction or sell the pledged property according to law, and the proceeds will be used to pay off the secured creditor's rights in advance.
Fifteenth in any of the following circumstances, the lender has the right to dispose of the pledged property according to law:
1. The borrower fails to repay the loan principal and interest according to the repayment plan agreed in this contract during the loan period;
2. The borrower has no heir or legatee after death, disappearance or loss of capacity for civil conduct during the loan period;
Three, the borrower's heir or legatee refused to fulfill the obligation to repay the principal and interest of the loan.
Article 16 The proceeds from the lender's disposal of pledged property according to law shall be used to pay off the lender's loan principal and interest, overdue interest, etc. In addition to paying the expenses required to dispose of the pledged property. Where the debt is paid off by pledge, the actual price shall prevail. If there is any balance after treatment, the lender will return it to the pledgor; In case of shortage, the lender has the right to recover from the borrower and the mortgagor.
Article 17 After the Borrower has paid off all the money of the Lender and fulfilled all the terms of this Contract, the Lender shall return the pledged property and related materials it occupies to the Pledger and go through the cancellation registration formalities with the pledge registration authority.
Article 18 If the Borrower and the Pledger change their domicile and legal name within the validity period of this contract, they shall notify the Lender within 7 days after the change; Otherwise, the relevant documents sent by the lender to the original residence under the original legal name shall be deemed as delivered.
Article 19 Other matters that need to be clarified.
Article 20 Any dispute arising from this contract shall be under the jurisdiction of the people's court where the lender is located.
Article 21 This contract shall come into effect as of the date when the pledge right is legally established.
Article 22 This contract is in the form of _ _ _ _ _ _ _ _ _.
Borrower: (seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Borrower: (signature) _ _ _ _ _ _ _ _ _ _ _ _
Lender: (seal or special seal) _ _ _ _ _ _ _
Pledgee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: (Seal) _ _ _ _ _ _ _ _ _ _ _ _
(Authorized agent)
Pledger: (seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Pledger: (signature) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The signing date of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
How long is the mortgage registration period?
Article 12 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) clearly stipulates that the guarantee period agreed by the parties or required by the registration department is not legally binding on the existence of the security interest. This provision shows that the mortgage period registered by the registration department has no legal effect on the existence of the mortgage right, and the mortgage right does not disappear due to the expiration of the mortgage period. If the principal creditor's rights of the creditor's bank are not paid off due, the creditor's bank can exercise the mortgage right regardless of whether the registered mortgage period expires or not until two years after the limitation of action for the principal creditor's rights ends.
In practice, the effectiveness of mortgage is listed on the pledge certificate kept by the bank, and only one mortgage registration is required for the same loan. As long as the principal creditor's right is valid, the mortgage right is valid. For example, customer A borrows 654.38+million yuan, with the maximum amount of land mortgage. The starting and ending date of the loan is from 25 October 2007 to 24 October 2008, and the mortgage period of other rights is from 24 September 2007 to 23 September 2008. After the mortgage expires, the mortgage is still valid.
For all the above information about the mortgage contract and mortgage registration period, the house is a valuable item, so many people will use the house as collateral to borrow money, so it is necessary to sign a contract to stipulate the rights and interests of both parties, so it is necessary for everyone to refer to this article.