How to write a mortgage loan contract? Let us find out together below:
The main contents of the mortgage loan contract include: 1. The relationship between the mortgagor and the mortgagee should be stated. Basic information; 2. State the name, quantity, etc. of the mortgaged property; 3. State the type, currency, purpose, and amount of the loan; 4. State the interest rate, term, and repayment method, etc.
Company Mortgage Loan Contract Sample 1
After full negotiation between _________Bank of China________ (hereinafter referred to as the lender) and _________ (hereinafter referred to as the borrower), in accordance with the "Loan Contract" Regulations" and the relevant regulations of _________ Bank of China when signing this contract and *** agree to abide by them.
Article 1: Starting from _____________ month _________ year _________, the lender shall provide the borrower with _____________ (type) loan (in capital letters) _________ yuan, which will be used to repay _________ The loan term is _________year________month________day, and the interest rate is calculated based on monthly interest___________‰. If the loan interest rate is adjusted by the state, it will be calculated based on the adjusted new interest rate and interest calculation method.
The specific loan usage and repayment plan are as follows:
Article 2 The lender shall provide loans to the borrower on schedule and in amount on the premise of complying with national credit policies and plans. Otherwise, liquidated damages shall be paid to the borrower based on the default amount and the number of days of extension. The calculation of the amount of liquidated damages is the same as the interest rate increase on overdue loans.
Article 3 The borrower is willing to abide by the lender's relevant loan regulations and use the loan for the purposes specified in this contract. Otherwise, the lender has the right to stop disbursing the loan, call back or call back the loan already disbursed in advance. For the default part, _________% interest will be charged as required.
Article 4 The borrower shall repay the principal and interest of the loan on time and pay _________ (see the inventory for details). The ownership of the above property belongs to ____________ (the borrower or a third party), and the current price is _________ yuan. As collateral for the loan stated in this contract. If the borrower cannot repay the principal and interest of the loan when due without any specific reason, the lender has the right to dispose of the mortgaged property and receive priority in repayment. For underpaid loans, the lender still has the right to pursue repayment from the borrower.
Article 5 The mortgaged property shall be kept by _________. During the mortgage period, the borrower is not allowed to transfer, buy or sell the mortgaged property without authorization, and is not allowed to repeatedly set up mortgages. All the above actions are invalid.
The custodian of the mortgaged property shall ensure the safety and integrity of the mortgaged property during the mortgage period. During the period when the principal and interest of the mortgage loan are not repaid, if the mortgaged property is damaged or lost, the custodian shall bear the responsibility.
Article 6 The lender has the right to inspect and supervise the use of the loan and the custody of the mortgaged property, and understand the borrower's plan execution, business management, financial activities, material inventory, etc. The borrower shall provide the above information completely and truthfully. If the borrower violates the loan contract, the lender has the right to impose credit sanctions in accordance with relevant regulations.
Article 7 If the loan expires and the borrower is unable to repay the principal and interest of the loan and has not reached an extension agreement with the lender, the lender shall handle the mortgaged property and repay the principal and interest of the loan in accordance with prescribed procedures. From the overdue date until the loan is fully paid off, the lender will charge ________% interest on the unpaid portion in accordance with regulations. Overdue loan principal and interest can be directly deducted from the borrower's deposit account at any time.
Article 8 When the borrower’s property other than the mortgaged property is insufficient to repay the debts of multiple creditors, the borrower is willing to use its property (including receivables) to repay the loan owed to the lender in priority Principal and interest.
Article 9 If a dispute arises between the borrower and the lender, it shall be resolved through negotiation between the two parties; if litigation is required, the lawsuit shall be filed with the People's Court where the lender is located; if an application for arbitration is made, it shall be handled in accordance with the relevant arbitration regulations.
Article 10 Others
Article 11 Matters not covered in this contract shall be handled in accordance with relevant national laws and relevant bank loan regulations.
Article 12 This contract shall come into effect on the date it is signed by both the borrower and the lender. This contract is made in _________ copies, and each party, the borrower and the lender, holds _________ copies.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): ________Legal representative (signature): _________
< p>_________year____month__________year____month____dayCompany Mortgage Loan Contract Sample 2
Borrower: p>
Mortgagor:
Lender:
The borrower borrows money from the lender due to his needs. In accordance with the relevant provisions of laws and regulations such as the Contract Law of the People's Republic of China and the General Principles of the People's Republic of China and Civil Law, in line with the principles of equality, voluntariness and good faith, in order to clarify responsibilities regarding loan matters, We must abide by our trustworthiness, sign this contract through consensus among all contracting parties, and ensure that we abide by it.
Part 1 Loans
Article 1 Loan Type: This loan is a private mortgage loan.
Article 2 Loan Purpose: (The loan must be used for legal purposes).
Article 3 Loan amount: RMB (uppercase); (lowercase) RMB.
Article 4 Loan method: The lender will issue the loan stipulated in this contract in full to the borrower at one time on the year, month and day.
Article 5 Loan term: The loan shall be from the day of the year to the day of the year.
Article 6 Loan interest rate and interest calculation method: The loan interest rate during the loan term under this contract shall be based on the annual interest rate (that is, the monthly interest rate is). Interest is calculated from the date of loan disbursement. The borrower pays interest on schedule, one installment per month, and one installment per installment. Specific interest payment:
The borrower shall pay off the first installment of interest within half a year from the date of signing the contract, and the second installment of interest before the year, month, and so on. When the loan is due, the principal and interest are paid off. The last interest payment date is the year, month and day.
Article 7 Loan repayment: The borrower shall repay the lender the loan principal agreed in this contract in full in one lump sum on the year, month and day.
Article 8 Early Repayment:
1. If the borrower repays the loan in full in advance, he shall notify the lender in writing fifteen days in advance. If the actual payment period is within three months (including three months), in addition to the interest calculated based on the actual number of days, additional interest should be paid to the lender, that is: if the actual payment period exceeds three months, in addition to the interest calculated based on the actual number of days In addition to interest calculation, additional interest should be paid to the lender, i.e.
2. If partial repayment is made in advance, in addition to the interest calculated based on the actual number of days, an additional twenty-day interest shall be paid based on the early repayment amount. This interest shall be used as compensation for early repayment, and the remaining Interest on unpaid amounts shall be based on this contract.
Article 9 stipulates calculation and collection (this clause applies to loans with a loan period of more than three months).
3. If the loan term is less than three months, early repayment will be negotiated separately.
Article 10 The borrower promises:
1. The loan under this contract will be used according to the agreed purpose and will not be used for illegal activities;
2. Guarantee Repay the principal and interest of the loan at the time and amount specified in this contract;
3. When the borrower encounters a situation that endangers the safety of the loan, the borrower shall notify the lender in writing within five days from the date of occurrence at the latest and repay it in advance. Loan principal and interest;
4. Keep relevant information provided by the lender confidential:
5. Truthfully provide relevant certificates, certificates or other information, and actively cooperate with the lender in the investigation, review and Loan-related personal credit status (personal assets, repayment ability, loan usage, etc.).
Article 11 The lender promises:
1. Ensure that the source of funds is legal;
2. Keep the relevant information provided by the borrower confidential:
3. Loans shall be issued according to the time and amount specified in this contract.
Article 12 Early callback of loan:
The lender shall not call back the loan early without justifiable reasons. If the lender needs to withdraw the loan in advance due to special reasons, it shall notify the borrower in writing 30 days in advance. The interest and principal repayment methods shall be agreed upon separately by both parties.
If the following factors affecting the safety of the loan occur, the lender has the right to require the borrower to repay part or all of the loan principal and interest (including overdue interest and liquidated damages) in advance within the specified period at any time when any one or more of the following occur: It is not responsible for any losses caused by the proper exercise of the above rights; and has the right to unilaterally terminate this contract in writing. This contract will be terminated when the written notice of termination reaches the borrower:
1. The borrower will The loan is used for illegal activities or for purposes not specified in this contract;
2. The borrower's credit deteriorates, endangering the security of loan funds;
3. The borrower refuses or obstructs the loan The person supervises and inspects the use of the loan;
4. The borrower provides the lender with false certification materials or documents or information that conceals important matters;
5. The borrower and other parties A natural person, legal person or economic organization signs a contract that is detrimental to the rights and interests of the lender;
6. After the borrower dies, disappears or loses capacity for civil conduct, there is no heir or legatee, or there is no heir or legatee. , the guardian refuses to perform this contract;
7. The collateral is damaged or lost, which is insufficient to achieve the purpose of guaranteeing this contract. The borrower and the mortgagor are unable to provide other mortgages acceptable to the lender;
8. The borrower fails to pay the interest as stipulated in the contract, and the borrower fails to pay the interest within fifteen days after the expiration date. :
9. The borrower and the mortgagor collude to obtain the loan, harming the interests of the lender:
10. The borrower has other circumstances that can affect his repayment ability.
Part II Mortgage
Article 13 Collateral: In order to ensure that the borrower properly performs its repayment obligations, the mortgagor voluntarily uses the property or building that it owns and has the right to dispose of. A legal property with an area of ??square meters, year of construction and title certificate number is mortgaged to the lender as a guarantee for the performance of this contract. The person who pledged the property has agreed to this.
Article 14 The value of the mortgaged property shall be confirmed in the first method.
1. After evaluation by a legal evaluation agency, the evaluation value is RMB (uppercase) yuan, and the mortgage rate is.
2. Without evaluation, the contracting parties shall negotiate and confirm that the market value is yuan and the mortgage rate is RMB. The final value of the mortgage is based on the net income from the actual disposal of the mortgage when the mortgage rights are realized.
Article 15 Mortgage Registration: Within two days after the signing of this contract, the mortgagor shall hold the real estate title certificate and other relevant documents and cooperate with the lender to handle the mortgage registration procedures.
Article 16 The scope of mortgage guarantee: includes the loan principal, interest, overdue interest, liquidated damages and all expenses for realizing creditor's rights under this contract.
Article 17 Mortgage Insurance: If the lender requests it, the borrower shall apply for property insurance on the mortgaged property, with the lender as the first beneficiary. The insurance period is equal to the loan term of this contract. If the loan is extended , the borrower needs to go through the procedures for extending the insurance period. If a claim is made on the insured property during the insurance period, and the insurer shall bear the liability for compensation, the lender shall have the right to recover the mortgage loan first from the insurance compensation.
Article 18 Storage of collateral: During the mortgage period, the mortgagor shall properly keep the collateral and be responsible for repairs and maintenance, ensure that the collateral is intact, and accept the supervision of the lender at any time.
Article 19 Supplementary Guarantee: During the mortgage period, if the value of the mortgage property is reduced for any reason and affects the guaranteed creditor's rights, the borrower or mortgagor shall provide the lender with the security of the mortgage property within thirty days. The reduced value is equivalent to a mortgage or other security.
Article 20 Rights Restrictions:
1. During the mortgage period, the mortgagor shall not sell, rent, transfer or re-mortgage all or part of the mortgaged property without the consent of the lender. , pay off debts, make gifts, abandon or dispose of in any way to create other burdens, and if the property is leased and transferred with the written consent of the lender, the proceeds from the rental and transfer shall first be used to repay the loan.
2. During the mortgage period, if there is land acquisition and demolition by the state, the mortgagor should promptly notify the lender and use the demolished house as a new mortgage, and go to the registration authority to handle the relevant registration procedures together.
Article 21 Collateral evaluation: During the mortgage period, if the lender deems it necessary to re-evaluate the collateral, the mortgagor shall cooperate. After revaluation, if the value of the collateral is insufficient to secure its creditor's rights, the borrower or mortgagor shall supplement the collateral with new collateral as security, and the value of the new collateral shall not be less than the difference between the value of the original collateral and the loan as stipulated in the contract.
Article 22 Disposal of collateral: If the borrower cannot normally perform its repayment obligations under this contract, the lender has the right to dispose of the collateral in accordance with legal provisions and the channels agreed in the contract. And priority will be given to reimbursement of the realized price.
If the lender withdraws the loan early due to the circumstances specified in paragraph 2 of Article 11 of this contract, the lender also has the right to dispose of the collateral in accordance with the provisions of the preceding paragraph and receive priority in repayment.
Article 23 Validity of the Mortgage Clause: If part of the "Lending Clause" in this contract is invalid for some reason, it will not affect the validity of other parts of the "Lending Clause", nor will it affect the "Mortgage Clause". The mortgagor shall still bear liability according to the agreement.
Article 24 Cancellation of mortgage: The lender shall assist the mortgagor to register for mortgage cancellation at the mortgage registration authority on the day when the borrower repays all principal and interest of the loan.
Part Three Other Agreements
Article 25 Effectiveness, modification, rescission or termination of the contract: This contract shall take effect upon signature or seal of each contracting party.
Article 26 Transfer of Credits and Debts: During the performance of this contract, the lender may transfer its rights and interests under this contract to a third party, but shall notify the borrower and the mortgagee in writing The borrower and the mortgagor must continue to perform the responsibilities and obligations of this contract. The borrower and the mortgagor shall not transfer any of their obligations under this contract to a third party without the written consent of the lender.
Article 27 During the performance of this contract, if the following circumstances occur to the borrower or mortgagor, they shall notify the other contracting parties in writing via express mail within five days at the address reserved in the contract: Otherwise, it will be regarded as a breach of contract and this will not be used as a defense:
1. The borrower and the mortgagor have circumstances that affect the repayment of part or all of the loan:
2. The borrower and the mortgagee Changes in the person’s company/individual name, legal person, contact address, contact number, etc. (not only including the borrower’s name):
Article 28 Liability for breach of contract:
1. If the lender is unable to issue a loan to the borrower in accordance with the time and amount agreed in this contract, it shall pay the borrower a daily interest of 0.05% of the unpaid loan amount and a penalty of 20% of the loan principal. , until all loan principals are disbursed and the borrower is assisted to cancel the mortgage registration and terminate this contract, and bear the relevant economic losses caused to the borrower;
2. If the lender encounters one of the following circumstances , resulting in the inability to handle the mortgage registration and cancellation procedures in accordance with Article 23 of this contract, the mortgagor shall pay a daily overdue interest of 0.5% of the entire loan principal and 20% of the loan principal. liquidated damages and bear the relevant economic losses caused to the mortgagor.
(1) Refusing to handle the cancellation procedures for other warrants;
(2) Due to poor storage of other warrants, resulting in loss or damage, making it difficult to handle mortgage cancellation;
(3) Failure to issue a written notice to the mortgagor to transfer or lend the other warrants mentioned above;
(4) The lender cannot be contacted due to the change of address or contact number, and the mortgage cannot be processed as agreed Canceled;
(5) Other reasons that can affect the cancellation of mortgage.
3. If the mortgage registration cannot be made, the mortgage is invalid, or the mortgage registration is revoked because the borrower or mortgagor provides false materials or conceals important facts, the borrower and mortgagor shall pay the loan principal to the lender. Twenty percent liquidated damages.
4. If the borrower fails to repay the principal and interest of the loan to the lender on time at the expiration of this contract, overdue interest or principal repayment will be subject to overdue interest at the rate of 50,000% of the unpaid loan principal and interest amount for each borrower, and Pay a penalty of 20% of the total loan principal and interest to the lender, repay the agreed principal and interest, and bear the relevant economic losses caused to the lender.
Article 29 During the performance period of this contract, if the borrower or mortgagor fails to perform the notification obligation as stipulated in Article 26 of this contract, it will be deemed as a breach of contract and shall pay the entire loan amount to the lender. 20% of the principal amount as liquidated damages and bear the related economic losses caused thereby.
Article 30: Scope of expenses: All expenses (including but not limited to litigation fees, attorney fees, travel expenses, etc.) incurred by the conclusion and performance of this contract and the realization of claims shall be borne by the breaching party. bear.
Article 31 The contracting parties agree that if they violate the provisions of this contract, they will voluntarily accept enforcement.
Article 32 The contracting parties agree: During the mortgage guarantee period, if the borrower is unable to perform or cannot fully perform its repayment obligations under this contract, and fails to sign a deferred performance agreement with the lender, The lender has the right to give priority to the mortgaged house in accordance with the following methods:
1. The lender can file a claim with the people's court at the place where the contract was signed and apply for enforcement to dispose of the mortgaged property and realize it for repayment. The borrower, The mortgagor voluntarily accepts enforcement.
2. The mortgagor should cooperate with the lender to go to the real estate registration department to handle the procedures for transferring the mortgaged property to Party B’s name.
Article 33 If any dispute arises during the performance of this contract, the contracting parties shall resolve it through negotiation. If the negotiation fails, they may file a lawsuit with the People's Court of the place where the contract was signed.
Article 34 Matters not covered in this contract shall be negotiated separately and a written agreement reached.
Article 35 Statement: The lender, borrower and mortgagor have a comprehensive and accurate understanding of the terms of this contract and have a consistent understanding of the meaning of this contract. The contracting parties fully recognize the above clauses, and the resulting rights and obligations are clear, without objection or doubt.
Article 36 This contract is made in duplicate, and each contracting party shall hold one copy, which shall have the same legal effect.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): ________Legal representative (signature): _________
< p>_________year____month__________year____month____dayCompany mortgage loan contract sample 3
Party A (fund borrowing Party): ID number: Residence:
Party B (lender of funds):
Residence:
Party A needs funds for business production, Special loan from Party B. In order to clarify the rights and obligations of both parties, in accordance with the Contract Law, the Guarantee Law and other relevant laws and regulations, Party A and Party B enter into this contract through equal consultation and consensus.
Article 1. Party A’s borrowings under this contract are production and business loans, and Party A guarantees that the borrowings under this contract will be used for legal and legitimate purposes. Party A agrees that Party B has the right to supervise and inspect the use of Party A's borrowings, but Party B does not bear any responsibility for the use of Party A's borrowings.
Article 2 The loan amount of Party A is RMB (uppercase) yuan, (lowercase) yuan (if the uppercase and lowercase letters are inconsistent, the uppercase shall prevail, the same below).
Article 3 The loan period of Party A is one month. From the date of year to month ____ of year, Party A shall issue a receipt when receiving the payment. However, Party A’s failure to issue a receipt will not affect Party A’s The fact that Party B actually borrowed money; at the same time, Party B can no longer issue proof of payment.
Article 4 The borrowing interest rate of Party A is the monthly interest rate % (the principal interest rate shall be within four times of the People’s Bank of China’s benchmark interest rate for term borrowing _____%). Interest is calculated from the date of borrowing as stipulated in the contract. During the performance of the contract, the interest rate determined in the contract remains unchanged.
Article 5 After the signing of this contract, within two days after the mortgage registration procedures are completed, Party B’s borrowed cash will be paid directly to Party A himself or transferred to Party A’s bank card through the bank.
If the funds are not paid directly to Party A personally or to Party A's bank card, Party A hereby authorizes Party B to pay the cash directly to Party A's designated person within two days after the mortgage registration procedures are completed. The payee or deposit the loan into the payee's account, the payee's bank account number is:, the account opening bank is:.
Article 6: Party A voluntarily repays the principal and interest of the loan once it is due and pays interest every 30 days.
Every time the loan period reaches 30 days, Party A will pay interest yuan to Party B on the 31st day. Party A deposits the interest into Party B's account or pays cash to Party B.
On the day when the loan expires, Party A shall deposit the loan principal and remaining interest into Party B's account or pay cash to Party B in one go. Party A
Article 7 Party A voluntarily provides mortgage guarantee for the performance of its obligations under this contract. Party A uses its own assets as mortgage guarantee, and the list of mortgages is attached.
Article 8 Party A shall hand over the ownership certificate, land use certificate and mortgage registration certificate of the mortgaged property to the lender for safekeeping on the day when the mortgage under this contract is established and registered. If the collateral is not registered or cannot be registered, Party B has the right to unilaterally not perform this contract or terminate this contract, and has the right to cancel the loan to Party A.
Article 9 During the mortgage period, Party A assumes the following responsibilities:
1. Keep the mortgage properly and be responsible for repairs and maintenance, ensure that the mortgage is intact, and accept Party B's supervision at any time examine.
2. Due to the decrease in the value of the collateral during the mortgage period, Party A's other properties shall bear the responsibility, and Party A shall provide Party B with a guarantee equivalent to the reduced value within twenty days.
3. During the mortgage period, Party A shall not rent, sell, re-mortgage, pay off debts, make gifts, etc. without the written consent of Party B. Any losses caused by Party B shall be borne by Party A. If Party B agrees to the transfer, Party A shall repay the loan in full in advance with the proceeds from the transfer of the collateral.
4. If Party B declares to withdraw the loan in advance according to this contract but has not paid off, Party B has the right to dispose of the collateral in advance according to law.
Article 10 After this contract comes into effect, both parties A and B shall perform the obligations stipulated in this contract. If either party fails to perform or fully performs its obligations under this contract, it shall bear liability for breach of contract in accordance with the law.
Article 11 During the validity period of this contract, if the following events occur that affect the security of the loan, Party B has the right to unilaterally terminate this contract and require early recovery of the loan or disposal of collateral:
1 , Party A violates the terms of this contract;
2. Party A fails to pay the loan interest on time one or more times;
3. Party A himself loses his capacity for civil conduct. , is declared missing or dead without an heir or legatee;
5. Party A’s heir or legatee or property custodian refuses to fulfill the obligation to repay the principal and interest of the loan for Party A;
>6. According to the guarantee terms, due to changes in Party A or the collateral, Party A needs to perform its obligations in advance or Party B disposes of the collateral in advance;
7. Party A’s collateral Changes that are unfavorable to Party B's claims have occurred, and Party A fails to provide another guarantee as required by Party B.
Article 12. This contract shall take effect from the signature (seal) of all parties until the date when the loan principal, interest, penalty interest, liquidated damages and all other expenses under this contract are fully paid. termination.
The modification or cancellation of this contract shall not affect the rights of all contracting parties to claim compensation for losses. The termination of the contract will not affect the validity of the relevant dispute resolution clauses in the contract.
Article 13. Party B may transfer Party B’s rights and interests under this contract to others without Party A’s consent; however, Party A shall not transfer Party B’s rights and interests under this contract without Party B’s written consent. Any terms and duties or obligations hereunder are transferred to a third party.
Article 14. Any disputes arising between Party A and Party B during the performance of this contract shall first be resolved through negotiation between the two parties; if the negotiation fails, they shall be resolved through litigation in the People's Court where Party B is located.
Article 15. This contract is made in triplicate and has the same legal effect. Party A and Party B each hold one copy and one copy is for mortgage registration.
Article 16. When both parties register the mortgage, if they need to sign a format contract provided by the registration department, the format contract will have the same legal effect as this contract; however, if the format contract provided by the registration department is different from this contract, If there is a conflict in the content, understanding and interpretation of contract terms, the terms of this contract shall prevail.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): ________Legal representative (signature): _________
< p>_______year____month____day_________year____month____dayThe above is what I shared today, I hope it can help everyone.