Loan withholding means that when a borrower applies for a loan, the bank or lending institution will first deduct a certain amount of interest or handling fee from the loan, and then credit the remaining loan amount to the borrower's account.

In this way, banks or lending institutions can effectively protect their own interests from losses, at the same time, they can also reduce the loan risk and ensure that borrowers have sufficient willingness and ability to repay, so as to better control the loan risk and default rate. However, it should be noted that the principle of compliance and fairness should also be followed in the first deduction, and the deduction should not be overdue within an unreasonable range, which will affect the borrower's credit record and the legitimate rights and interests of the borrower.

Therefore, when applying for a loan, the borrower should know and understand the relevant provisions and terms in advance, and understand the specific operation procedures of various lending institutions to avoid unnecessary losses.

Two, about the problem of who will bear the deposit of the house purchase loan.

Loans need insurance or guarantee, and one of the forms of guarantee is guarantee, that is, paying a deposit to the guarantee company.

Three, what is the housing loan deposit by who?

What is a housing loan deposit? Perhaps many friends are not familiar with the term "housing loan deposit", even those who have applied for housing mortgage loans may be puzzled. Therefore, this paper takes this as the topic and briefly introduces the knowledge points in this respect.

Mortgage deposit is the money that the bank collects from the developer according to a certain proportion of the total loan in the process of mortgage loan, and bears the joint guarantee responsibility of mortgage loan. The bank will not return the mortgage deposit to the developer before the real estate license is completed and the mortgage registration is completed.

First, the significance of collecting housing loan deposit

Bank mortgage margin guarantee is widespread in the banking industry. The usual practice is that banks and real estate development enterprises (hereinafter referred to as developers) sign the Individual Housing Loan Project Cooperation Agreement and the Individual Housing Guarantee Loan Contract, in which it is stipulated that banks will provide housing mortgage loans to property buyers who develop real estate for developers, and developers will open special deposit accounts in banks and pay the deposits received according to a certain proportion of the loan balance.

Provide guarantee for the bank's mortgage loan. After the borrower obtains the real estate license and completes the mortgage registration formalities with the bank as the mortgagee, the bank will return the corresponding deposit in the deposit account to the developer. During this period, if the borrower fails to repay the principal and interest on schedule as agreed in the contract, the developer will repay it on his behalf, and the bank has the right to directly deduct the relevant funds from the deposit account.

Mortgage margin guarantee provides the second repayment source for the bank's mortgage loan, which is of great significance for maintaining the bank's capital security.

Second, the reasons for collecting the housing loan deposit

"Mortgage" is like a double-edged sword. Although it helps developers to withdraw funds, the risks have also penetrated into the housing sales process of developers. Before the purchaser obtains the house ownership certificate,

Because of all kinds of complicated situations, banks may ask developers to provide joint and several liabilities at any time, and the risks brought by this will also follow.

1, liability risk

The biggest risk for developers in "mortgage" is to bear joint liability. This risk can also be said to be the source of all risks, and all risks are born from it.

The so-called "joint guarantee liability" means that once the buyer as the guarantor fails to fulfill the repayment obligation, the bank as the beneficiary can ask the buyer to bear the repayment obligation and the liability for breach of contract, and can also ask the developer to fulfill the repayment obligation and the liability for breach of contract. Reflected in the lawsuit, banks can be buyers and developers, or they can be independent developers.

2. Repurchase risk

It is also the buyer's overdue repayment default, and the repurchase obligation requires the developer to purchase the house from the buyer at the price agreed in the commercial housing sales contract.

At this time, the developer has to pay two sums of money, one is the down payment of the purchaser and the other is the loan principal and interest of the mortgage bank.

It can be seen that the result of the repurchase makes the housing transaction return to before the transaction, the mortgage bank recovers the loan, the purchaser loses the house, and the developer's pain is out of his own pocket.

3. Recovery risk

As a result, the developer bears the joint responsibility of guarantee and repurchase, and the developer bears the payment responsibility that should be borne by the mortgage bank on behalf of the purchaser. Therefore, developers have the right to recover from property buyers after taking responsibility to make up their own losses.

Developers have two ways to get compensation. First, the developer requires the purchaser to compensate the developer for the loss of the guarantee responsibility or repurchase responsibility; Second, the developer cancels the commercial housing sales contract and repossesses the house. Moreover, these two methods have no guarantee measures and rely entirely on judgment and the cooperation of buyers.

As the mortgage deposit is charged by the bank to the developer, it is not surprising that as a property buyer, there is no need to understand this situation, and it is not clear what the situation is.