This Weibo has aroused extensive discussion. Some netizens worry that if the evaluation price of the house they bought falls, they will be asked by the bank to make up the principal, but they are unable to provide hundreds of thousands to the bank. I don't know what measures the follow-up bank will take.
In order to know more details, the reporter tried to contact the blogger, but as of press time, he did not get a response.
Li posted that when the bank told him that the house price was rising, few people would pay attention to it, but there were clauses in the loan contract that when the house price fell, the buyers should make up the principal.
The reporter learned from many sources that Li's "supplementary principal" actually means that when the value of collateral is reduced to a certain extent, the bank will ask the mortgagor to supplement the value of collateral.
According to the data of June 5438+February 65438+ 10 released by the National Bureau of Statistics, the overall housing prices in 70 cities across the country continued to decline: only 9 cities with newly built commercial housing rose month-on-month, and prices in 2 cities continued to stabilize; Only 3 cities of second-hand houses rose, 4 cities remained stable, and all other cities reduced their prices.
Specifically, in the month of 165438+ 10, the sales prices of newly-built commercial housing and second-hand housing in first-tier cities decreased by 0.2% and 0.4% respectively, which was 0. 1 percentage point higher than that of the previous month. The sales prices of newly-built commercial housing and second-hand housing in second-tier cities decreased by 0.2% and 0.4% respectively compared with last month, and the decrease rate was narrowed by 0. 1 percentage point compared with last month. The sales price of new commercial housing in third-tier cities decreased by 0.3% month-on-month, and the decline rate was 0. 1 percentage point lower than that of last month. The sales price of second-hand houses decreased by 0.5% month-on-month, the same as last month.
When signing a housing loan contract, most buyers may pay more attention to the loan amount and monthly payment, and will not read the format clauses in the contract carefully. In fact, there is a clear agreement in the housing loan contract to make up the collateral.
A copy of the Personal Housing Loan and Guarantee Contract signed between Beijing property buyers and Postal Savings Bank obtained by the reporter shows that when the value of collateral decreases for any reason, the mortgagor should restore the value of collateral in time or provide a guarantee equivalent to the reduced value.
Another Personal Housing Loan and Guarantee Contract signed by Hebei property buyers and Agricultural Bank shows that if the collateral value decreases during the mortgage period, the lender has the right to ask the mortgagor to restore the collateral value or provide a guarantee equivalent to the reduced value recognized by the lender.
Li Guangzi, director of the Banking Research Office of the Institute of Finance of China Academy of Social Sciences, revealed that the regulatory authorities generally require banks to regularly assess the value of collateral. If the value is lower than the loan balance, they will ask for additional collateral. But in practice, this situation is very rare.
Replenishing collateral is a small probability event.
A senior banker in Beijing told reporters that the situation that banks require buyers to make up collateral will not appear on a large scale. On the one hand, property buyers have paid a certain proportion of down payment, on the other hand, the loan amount is generally 60%-70% of the assessed house price, and there is generally no problem with ordinary residents' housing mortgage loans. However, if the value of the collateral decreases, the bank has the right to ask the lender to supplement the collateral or repay part in advance, which is stipulated by law. It is suggested that the borrower reasonably arrange the loan amount according to the actual situation.
The mortgage managers of three large banks in Beijing interviewed by the reporter all said that they have never encountered the situation of asking buyers to make up collateral for housing mortgage loans since they started their business.
A senior banker in Shenzhen told reporters that from the practical point of view, for normal residential housing mortgage loans, even if the house price drops to a certain extent, banks generally will not ask for supplementary collateral, or there are some trigger factors.
Lawyer Xiao, a partner of Beijing Zhou Tai Law Firm, explained that if the value of collateral decreases and the borrower fails to make up the collateral as required by the bank, the bank generally has the right to require the borrower to repay the loan in one lump sum or exercise the mortgage right in advance, and negotiate with the borrower to discount the collateral or auction or sell it according to legal procedures.
However, in the practice of buying a house with personal mortgage loan, there is a dual legal relationship between buyers and banks, in which repayment is the basic legal relationship, and it is the most important appeal of banks to require buyers to repay loans normally. For personal mortgage loans, although banks have the right to ask the lender to supplement the collateral according to the contract between the two parties, in practice, as long as the lender can continue to repay normally, few banks directly claim this right. Because in the context of the national real estate market downturn, unilaterally emphasizing contractual rights will only intensify the contradiction between buyers and banks, and it is also inconsistent with the current national real estate policy of ensuring property delivery and stabilizing people's livelihood. Assuming that the purchased house has indeed fallen by a large margin, the buyers should try their best to ensure the normal repayment of the loan, and fully negotiate and communicate with the bank to avoid the situation that the bank directly informs the bank to supplement the collateral or even exercise the mortgage right in advance.
Huang Xingchao, a lawyer of Beijing Anjie Law Firm, also believes that if there is no clear agreement between buyers and banks, as long as buyers repay on time, they should not add other extra burdens to buyers.
How do buyers deal with small probability events?
Judging from the feedback from all parties, it is very rare for housing mortgage loans to supplement collateral, so the majority of property buyers need not worry too much. If a small probability event does happen, you can also follow the lawyer's advice.
Huang Xingchao analyzed how to deal with the requirements of banks to replenish collateral from both theoretical and practical aspects. He said that as a lender of funds, banks often write "supplementary clauses" in the standard contracts they provide, that is, if the value of collateral decreases for any reason, the mortgagor should repay in advance or provide a guarantee equivalent to the reduced value in time to balance the depreciation of collateral value and prevent the bank from lending funds from being paid off smoothly. This agreement protects the interests of banks as financial institutions and has its rationality in the field of commercial finance. However, when we return to real life and house prices drop sharply, this agreement will undoubtedly bring a double blow to ordinary property buyers: "repaying the loan on schedule+paying off in advance".
For ordinary property buyers, in the face of falling house prices, first, it is recommended to repay the loan on time and continue to supply. Of course, the bank also hopes that the lender will repay the remaining mortgage according to the contract. Considering that it still takes a certain amount of time and economic cost to start judicial proceedings to claim contractual rights, banks will not strictly enforce the supplementary terms. Second, if it is really required to repay the loan in advance or make up the guarantee, we can consider trying to advocate that the bank, as the party providing the standard terms, fails to take reasonable measures to remind the buyer of the supplementary terms according to the provisions of Article 496 of the Civil Code, so the supplementary terms do not become the contents of the contract.
Zhu Yicong, a senior partner of Beijing Yingke (Shenzhen) Law Firm, said that if the property price drops too much, it is necessary to replenish the collateral, otherwise the bank has the right to deal with the property, mainly based on the agreement in the house purchase loan contract. If the borrower refuses to perform, according to the terms of the contract, the bank may have the right to demand a one-time repayment or auction the collateral. In addition, if the borrower thinks that these clauses are standard texts repeatedly used by banks, and they have not attracted the attention of the contract signatories through obvious reminders or explanations, they can claim invalidity to the judicial authorities. However, these provisions are presumed to be formally effective and protected by law before the judicial organs find them invalid.
Zhu Yicong suggested that buyers negotiate with banks to avoid going to the litigation stage. Property buyers can consider negotiating with banks to supplement collateral by other means: first, increase guarantors; Second, deposit a certain amount of money in the bank; Third, prepay; Fourth, provide other properties for limited mortgage. A feasible scheme is to ask the insurance company to provide supplementary guarantee as a third party.
In the view of the director of Jingjin v. Law Firm, the housing mortgage loan contract is often a format text provided by the bank, which contains a large number of favorable terms for the bank, which is an objective situation. If this happens, the owner can start from the following three aspects: first, verify whether the appraised price of his house has dropped as claimed by the bank, and if so, how much; The second is to clarify the relevant provisions on collateral in the loan contract, and you can choose the most favorable option in the agreement to perform it according to the situation; The third is to know whether the bank has the problem of illegal lending.