Lending a credit loan to a friend to buy a house is generally not illegal, but it may not meet the regulatory requirements of the bank, because the credit loan clearly stipulates that it cannot be used to buy a house. In real life, it is ok for a friend to lend another person a credit loan to buy a house. Strictly speaking, the debt relationship of a friend's consumer loan is the relationship between a friend and a bank, and a friend gives you a private loan relationship, thus creating two loan relationships. As far as consumer loans are concerned, friends can use them as they want, as long as your credit loan is repaid on time and there is no overdue situation. However, the lawyer reminded that friends must communicate the repayment time and method in advance, and it is best to sign a loan contract to avoid unnecessary contradictions due to loan problems in the future.
legal ground
Article 667 of the Civil Code of People's Republic of China (PRC) defines a loan contract as a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Can a friend give another person a credit loan to buy a house?
A friend lends another person a credit loan to buy a house. This is ok, as long as your credit loan is repaid on time and there is no overdue situation.
This is the case with housing loans.
When buying a house, many buyers will choose to borrow money from the bank because of insufficient funds, and few people will buy a house in full at one time. There are many ways to borrow money, which are relatively complicated. Among them, the two most common repayment methods are equal principal and interest and average capital. But many property buyers know nothing about these two repayment methods, and even can't tell the difference between average principal and equal principal and interest?
The difference between average capital and equal principal and interest
The difference between average capital and equal principal and interest:
Average capital: the monthly repayment amount is different. With the increase of installment times, the monthly repayment amount is decreasing. In this way, the loan principal is evenly distributed according to the total repayment months, and the monthly repayment amount is obtained by adding the interest of the remaining principal in the previous period.
Calculation method:
Monthly payment = (total principal/total number of installments) (principal-accumulated repaid principal) monthly interest rate;
Monthly principal = total principal/total number of periods;
Monthly interest = (total principal-accumulated principal repayment) monthly interest rate;
Total interest = (total periods 1) monthly interest rate of total principal/2;
Total repayment amount = (repayment months 1) loan amount, monthly interest rate /2 total principal;
Matching principal and interest: the total amount of monthly repayment remains unchanged, because the proportion of principal in monthly payment increases month by month, and the interest decreases month by month, and the total number of installments remains unchanged.
Calculation method:
Monthly payment = [monthly interest rate of principal (1 monthly interest rate) loan months ]/[( 1 monthly interest rate) repayment months-1];
Monthly interest = monthly interest rate of residual principal loan;
Total interest = loan amount, loan month and monthly interest rate (1 monthly interest rate), loan month /[( 1 monthly interest rate), repayment month-1]- loan amount;
Total repayment amount = loan amount, loan monthly interest rate (1 monthly interest rate), loan month /[( 1 monthly interest rate), repayment month-1];
The longer the loan term, the greater the interest difference.
Generally speaking, the total interest of matching principal and interest expenditure is more than the average capital, and the longer the loan term, the greater the interest difference.
Matching of principal and interest With the gradual reduction of loan principal after repayment, the interest rate gradually decreases; The principal value of monthly repayment of average capital remains unchanged, the interest decreases month by month, and the total monthly repayment decreases gradually.
At the same time, we can see that in the first eight years, the total amount of equal principal repayment is higher and the interest is less, but the monthly pressure will be greater, and the benefits of less interest will hardly be felt during this period. So to put it bluntly, the matching of principal and interest is to exchange more interest for less repayment pressure. For people with less down payment, matching principal and interest can support a larger total loan, while for buyers with investment purposes and a higher down payment ratio, the average capital will be more cost-effective.
What should I pay attention to when applying for a house loan?
1, the amount should be within our ability.
Some buyers think that the bigger the loan amount, the better. Actually, this is not the case, because the loan is to be repaid. If the buyer has a long loan period and a large loan amount, he will pay more loan interest and increase the repayment pressure.
2. Down payment and income
According to the current regulations, the first set usually requires a down payment of 30%, and the second set requires at least a down payment of 40%. In addition, it is best to ensure that your monthly income is more than twice the monthly repayment amount, which will help improve the qualified rate of mortgage loans.
Please don't use the provident fund before applying for a loan.
If the balance of the provident fund is taken before the loan, the balance in the provident fund account will become zero, and the loan amount of the provident fund will also become zero. In other words, you can't successfully apply for provident fund loans at present.
4. Repay the loan in advance
Don't think that you can repay in advance at any time with a certain amount of funds, but consider it comprehensively according to the specific loan method and repayment time. Sometimes it is not necessarily a good thing to repay the loan in advance.
When choosing the repayment method of mortgage, it should be decided according to personal needs, risk preference and economic ability. If the repayment ability is strong, you can choose average capital to reduce the total interest, but if the mortgage burden is heavy, the pressure of choosing equal principal and interest will be less.
The average capital has a high repayment pressure in the early stage and gradually decreases in the later stage, which is suitable for people with strong repayment ability and high down payment ratio. In addition, older people are also suitable for this method, because with the increase of age, income may gradually decrease.
Matching principal and interest with the same monthly repayment amount is suitable for families with regular expenditure plans and young people who have just started earning wages. These people will gradually increase their income and positions with their age. If such people choose average capital, the early pressure will be very great.
Therefore, the two methods have their own unique advantages and disadvantages. Everyone should choose according to their present and future income, and don't trust other people's simple suggestions.
Can I use my ID card to bring money to buy a house for others?
You can't lend money to others to buy a house with your ID card. If you want a loan, you must hold valid documents such as ID card. I will go to the bank to brush my face and sign. The bank will also check whether you have a bad record before lending you a loan. For your reference.
Is it risky to lend money to others to buy a house?
Of course, and the risk is great!
Why does someone want you to help him with a loan? There are only two possibilities: first, he doesn't have enough money, and his loan amount is limited; Second, he has a problem with credit information and can't borrow money.
Needless to say, there is something wrong with the credit information. If you give him a loan, there is little chance that he will repay it. That's looking for shit; Lack of money is more of a problem. How much can be achieved? This is basic common sense. Loans are not a good thing. Normal people have to bear whatever they need. Who would be ashamed to drag others into the water?
So, for your own happiness, stay away from him!
Can I borrow money from others to buy a house?
No, when buying a house, you can't write someone else's name for a loan. The owner and lender of the house must be the same person.
Mortgage means that the buyer fills in the mortgage loan application form to the bank and provides legal documents such as ID card, income certificate, house sales contract and guarantee letter. The bank promises to grant loans to the buyer after passing the examination, and handle the registration and notarization of real estate mortgage according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the seller's account within the time limit stipulated in the contract. Many investment guarantee companies have gained the full trust of banks in the standardized and efficient operation of post-loan management and loan risk resolution. Some cooperative banks outsource post-loan collection and loan asset disposal to guarantee companies, and the cooperation effect between the two parties is good. There are two types of loans: generally divided into: average capital and equal principal and interest. Matching principal and interest: refers to the constant monthly interest repayment amount, which is generally called matching repayment. Average capital: refers to the repayment of principal first and then interest, which is generally called diminishing repayment.