If the mortgage is invalid under the same name of * * *, without my knowledge and participation, I will bring a lawsuit to the mortgagor and apply for compensation.
Before marriage, the man borrowed money to buy a house, and after marriage, both husband and wife took a mortgage. How to distribute the property after divorce? Did you get the key title certificate before or after registration? The house is his, so you can ask him to return the money you paid.
Does the mortgage loan after divorce need to be signed by both parties? It depends on who owns the house now. If the owner of the real estate license is husband and wife, unless you have a court judgment or notarial certificate as evidence, the mortgage loan must be signed by both parties.
Is it necessary for both husband and wife to sign a pre-marital property mortgage loan after marriage? In principle, both parties need to sign, because the mortgage loan after marriage is both parties. But if there is only your own name on the real estate license, I can help you make one unilaterally here in Beijing, and you don't need your lover to know that the interest will be higher than both parties, because the risk and cost are higher.
Do both husband and wife need to sign the pre-marital property and post-marital mortgage? Yes
The house is pre-marital property, but when applying for a mortgage, the marital status is married, and the real estate license is the name of one party, but the bank requires both husband and wife to sign together, one party is the borrower and the spouse is the debtor.
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The names of both parties on the real estate license are used as mortgage loans. Must both parties repay after divorce? Yes,
The loan is during your marriage, so the debt is borne by both of you.
Divorce can stipulate the division of housing property rights, as well as the division of loan debts, and whoever wants a house will pay off the debts.
The relevant judicial interpretation has the following provisions: "When the two parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it according to the following circumstances: (1) If both parties claim the ownership of the house and agree to bid, they shall allow it; (two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation; (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties and the proceeds shall be divided. "
How to repay the joint housing provident fund depends on your attitude towards housing ownership: if both of you claim that the house belongs to you, the bidding procedure will be implemented-the highest bidder will get the housing ownership and repay the provident fund loan; If only one of you claims house ownership, the claimant will get the house and repay the provident fund loan; If neither of you wants a house, you can entrust an auction company to auction the house in accordance with the provisions of the Auction Law, and use the proceeds from the auction to repay the outstanding housing provident fund loan.
After the divorce of husband and wife, after there is an agreement on the real estate, whether the real estate belongs to disputed property or not and whether it can be used as loan mortgage is a valid agreement, but the real estate is an important element that needs to be registered, so if there is no name on it, then mortgage is not allowed.
Husband and wife real estate, can one party apply for mortgage loan? The husband and wife's real estate must be presented together before the mortgage loan can be operated. The joint property of husband and wife means that both husband and wife enjoy ownership of the same real estate or movable property, including the right to know and control.
It is suggested that husband and wife should coordinate with each other to apply for mortgage loans. You can refer to the following mortgage process:
1. Confirm whether the loan couple meet the loan conditions: the general mortgage loan application conditions are as follows:
(1) Both husband and wife agree to register the mortgage with the property under their respective names;
(2) Both husband and wife have a stable and legal source of income, which ensures the ability to repay according to the contract;
③ The purpose of the loan is clear, and it cannot be used for stock trading or gambling.
④ Both husband and wife have full capacity for civil conduct;
⑤ The property right of the house is clear and can be directly listed and traded;
⑥ The house age is not more than 20 years (the house age of the school district or the prosperous section is not more than 30 years);
⑦ Both husband and wife are law-abiding and have no illegal acts and bad credit records;
(8) Other conditions stipulated by the bank.
2. After meeting the above conditions, prepare materials and contact relevant lending institutions to apply:
* The loan applicant shall fill in the loan application form at the lending institution and submit the following materials:
(1) A written application and relevant certificates for both husband and wife to agree to mortgage;
(2) the identity certificate of the mortgagor; (ID card/household registration book/proof of marital status, etc. )
(3) proof of house ownership (or disposition right); (such as real estate license/land certificate)
(4) Housing appraisal report (specialized appraisal institutions need to pay certain appraisal fees);
⑤ Other bank information.
3. After receiving the lender's loan application, the lending institution will arrange an examiner to review the materials and conditions of the loan applicant;
4. After the loan applicant is approved, the loan applicant will hand over the property certificate of the mortgaged property to the bank for safekeeping (the bank regulations are different, and some only need the owner to go to the Housing Authority for mortgage registration, and the certificate issued by him will be kept by the bank);
5. Two lenders sign a loan agreement, the lenders transfer the money into the contract account, and the loan applicant can repay the loan normally according to the agreement.
How to repay the mortgage after divorce? According to the provisions of the marriage law, the debts owed by husband and wife to the outside world during the relationship should belong to the same debt of husband and wife. According to the information you provided, the woman and her ex-husband borrowed 50,000 yuan from the bank two years ago and divorced after the loan. Therefore, this loan belongs to the joint debt of husband and wife, and the woman naturally has to bear the responsibility for repayment. Because when borrowing money from the bank, the house shared by both husband and wife is used as collateral, and the woman also signed a mortgage contract. Therefore, as a creditor, the bank has the right to claim the creditor's rights from the woman and her ex-husband, and demand that the mortgaged house be auctioned, and the proceeds from the auction will be used to pay off the debts first.
Why do you need proof from both husband and wife to mortgage personal property after divorce? You can show me your divorce certificate.
They are to prevent one party in the marriage from mortgaging the house without the knowledge of the other party, which will involve a series of legal problems in the future.