Current location - Loan Platform Complete Network - Loan consultation - Can I apply for real estate license with mortgage?
Can I apply for real estate license with mortgage?
Legal analysis: you can apply for real estate license if the mortgage is not repaid, and there is also a time limit for applying for real estate license. Within 90 days of getting the key, you must bring relevant information to the local housing authority for handling. If it exceeds 90 days, you need to pay a certain late fee. But if the mortgage has not been paid off, the local housing authority will not give you the real estate license. The local housing authority will hand over the real estate license directly to the bank. After the mortgage is paid off, you can go to the local bank to collect it. There is no real estate license before the mortgage is repaid. You must wait for the mortgage to be repaid before you can apply for a real estate license. In the meantime, your property tax needs to be mortgaged in the bank. If you buy a house for your children to go to school, it doesn't matter if there is no property tax. Then you can provide the relevant purchase contract. If you buy a house with a loan now, you can repay it in advance, but you have to wait a year to repay it in advance, or you have to pay liquidated damages.

Legal basis: Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses.

Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.

Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people's court will not support it. If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market quotation and other factors.

Article 25 If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market quotation of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.