Handling of personal housing mortgage loan: When an individual purchases a house through a housing agency, the housing agency is very clear about the whole process, whether it is the application from the housing loan bank or the required materials. Therefore, choosing a housing agency as an agent saves time and effort. Legal basis: Article 7 of the Measures for the Administration of Individual Housing Loans, the borrower shall directly apply to the lender for a loan. The lender shall give a formal reply to the borrower within three weeks from the date of receiving the loan application and the materials that meet the requirements. After examination and approval, the lender shall issue housing loans to the borrower in accordance with the relevant provisions of the General Rules for Loans. Article 8 The loan amount issued by the lender shall not exceed the value of the house purchased by the real estate appraisal agency. Article 9 If an applicant applies for using the housing provident fund loan to purchase a house, after the loan application is approved, the lender will transfer the funds to the bank account opened by the selling unit according to the time stipulated in the loan contract. The maximum amount of housing provident fund loans shall not exceed 2 times the amount of housing provident fund deposits within the retirement age of borrowing family members.

Measures for the administration of individual housing loans, loan conditions and loan procedures

Lead: The purchase of individual housing is a rigid demand of many people, but this demand requires a large sum of money, and it is difficult for ordinary people to pay for the whole house at one time. So many people want to buy a house with a loan. At present, people who buy houses with loans have accounted for a very large proportion of buyers. In order to standardize the various processes of buying a house by loan, China has promulgated the Measures for the Administration of Personal Housing Loan, which has made specific provisions on various matters of buying a house by loan. Today, let's take a look.

The Measures for the Administration of Individual Housing Loans was promulgated and implemented by the People's Bank of China, with the purpose of standardizing loan management, safeguarding the interests of both borrowers and borrowers, and helping urban residents to build individual housing. The first method is divided into ten chapters, which specify all the loan procedures in detail. Learn about the loan conditions and loan procedures first.

What are the requirements for individual housing loans?

1. Applicants must have permanent residence in cities and towns or valid residence status.

2. The applicant should have a stable job and income, good credit and the ability to repay the loan.

3. The applicant must have a purchase contract or purchase agreement when purchasing a house.

4. For the applicants who enjoy the house purchase subsidy, they need to pay at least 30% of the total house purchase price down payment, while for the applicants who do not enjoy the house purchase subsidy, they need to pay 30% of their own house purchase price down payment.

5. The applicant must have valid assets that can be mortgaged or pledged, or be able to use the unit or individual that can repay the loan as its guarantor.

6. The applicant shall also meet other conditions proposed by the lender.

What are the rules for individual housing loan procedures?

1. The applicant applies for a loan to the lender and submits relevant materials. The lender shall formally reply to the applicant within three weeks after receiving the application and relevant materials. If the applicant's relevant information meets the requirements and is recognized by the lender, then the lender can issue loans to the applicant in accordance with the provisions of the general principles of loans.

2. Ask the real estate appraisal agency to evaluate the value of the house to be purchased. Based on the value of the house purchased, the loan amount issued by the lender shall not be higher than this standard.

3. For the applicant who uses the housing provident fund to apply for a loan to purchase a house, if the loan application is approved, the lender will transfer the loan to the bank account of the selling unit within the time agreed by both parties, and the total loan amount shall not be higher than twice the total amount of the provident fund paid by the applicant's family members within the retirement age.

The above are the provisions on loan conditions and procedures in the Measures, which I hope will help you to apply for housing loans.

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How to handle real estate mortgage loan?

Individuals buy a house, almost everyone can't escape the loan, but what are the procedures for individual housing loans? How to apply for a personal loan and what information do you need to apply for a personal housing loan? The following small series collects some procedures about personal housing loans, hoping to help you! The first step of commercial loan: there are three specific things to register for tax payment. Property buyers and developers sign pre-sale contracts and sales contracts; Buyers pay the down payment according to the specific requirements of the developer; Property buyers and developers each pay stamp duty at the rate of 0.5% of the house price. The second step of commercial loan: the pre-sale registration step is generally handled by the developer. The third step of commercial loan: after submitting the application to the on-site lawyer of the law firm designated by the bank, it begins to enter the substantive loan stage. When submitting the application, the buyer must provide the following information: 1. Id card (original and copy) 2. Household register (original and copy) 3. Temporary residence permit (only for foreign buyers, 3 originals and copies) 4. Marriage certificate (original and 3 copies) 5. Academic certificate (3 originals and 3 copies) 6. Copy of business license of legal person or private enterprise (original or copy with official seal) 7. Professional income and proof of income (3 originals and photocopies) 8. Beijing Domestic Commodity House Pre-sale Contract (Sales Contract) (original and photocopy) 10. Notice of approval for individuals from other provinces and cities to purchase houses in Beijing (3 originals and photocopies are required for purchases from other provinces and cities) shall be stated, and the applicant shall also provide the above information when there is an applicant. The fourth step of commercial loan: fill in the application materials. The loan lawyer will assist the buyers to fill in the application materials. The information specifically includes: 1. Application form for individual housing loan in quintuplicate. 2 individual housing loan contract description. 3. Receiving the contract for the ownership certificate of the loan house. 4. Power of attorney. 5. Commitment letter. 6. Dialogue record. 1. After completing the first four items, the developer must also require the buyers to pay 0.3% of the loan amount. The fifth step of commercial loan: the lawyer reviews the information and transfers it to the bank for commercial loan. Step 6: After signing the loan-related contract, the bank will review the lender's credit, loan amount and loan term. Signed a series of contract documents with the Lenders Association: 1. Individual housing loan contract in quintuplicate. China Pacific Insurance Company Personal Housing Insurance Application Form 1 in triplicate. Transfer Certificate of Personal Housing Guarantee Loan 1 copy 4. Stamp card 1 5 copies. Electronic money card application form. 65,438+0 deposit receipts. It should be noted that when signing the insurance policy, the house property insurance premium, the cost of repayment card (3 yuan) and the deposit of repayment card (10 yuan) should be paid, and all documents should be signed by the insured himself. If there are * * * applicants, all applicants should be present to sign. The seventh step of commercial loan: the loan applicant repays the loan every month.

Measures for the Administration of Personal Housing Mortgage Loan

Measures for the administration of individual housing loans

(1Yinfa of China People's Bank on May 9, 1998 (1998)190)

Chapter I General Provisions

Article 1 In order to support urban residents to purchase ordinary houses for their own use, standardize the management of individual housing loans, and safeguard the legitimate rights and interests of both borrowers and lenders, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) City Commercial Bank, the Law of People's Republic of China (PRC) on Guarantee and the General Principles of Loans.

Article 2 Individual housing loans (hereinafter referred to as loans) refer to loans granted by lenders to borrowers for purchasing ordinary housing for their own use. When a lender issues a personal housing loan, the borrower must provide a guarantee.

If the borrower fails to repay the principal and interest of the loan at maturity, the lender has the right to dispose of its collateral or pledge according to law, or the guarantor shall be jointly and severally liable for repaying the principal and interest.

Article 3 These Measures shall apply to commercial banks and housing savings banks established with the approval of the People's Bank of China.

Chapter II Loan Objects and Conditions

Article 4 The loan object shall be a natural person with full capacity for civil conduct.

Article 5 A borrower shall meet the following conditions:

-Have permanent residence in cities and towns or valid residence status;

Two, a stable occupation and income, good credit, the ability to repay the loan principal and interest;

Three, with the purchase of housing contracts or agreements;

Four, no housing subsidies to not less than 30% of the total price of the purchased housing as the down payment; If there is a housing supplement, 30% of the personal commitment will be used as the down payment for the purchase;

Five, there are assets recognized by the lender as collateral or pledge, or units or individuals with sufficient compensation capacity as guarantors;

6. Other conditions stipulated by the lender.

Article 6 The borrower shall provide the lender with the following information:

I. Identity documents (referring to resident identity cards, household registration books and other valid residence certificates);

2. Proof of the stable income of the borrower's family;

Three, in line with the provisions of the purchase contract letter of intent, agreement or other approval documents;

4. List of collateral or pledge, proof of ownership and proof that the person with the right to dispose agrees to mortgage or pledge,

Collateral evaluation certificate issued by the competent department, and the guarantor agrees to provide written documents of guarantee and credit certificate of the guarantor;

Five, to apply for housing provident fund loans, you need to hold a certificate issued by the housing provident fund management department;

6. Other documents or materials required by the lender.

Chapter III Loan Procedures

Article 7 A borrower shall apply for a loan directly from the lender. The lender shall give a formal reply to the borrower within three weeks from the date of receiving the loan application and the materials that meet the requirements. After examination and approval, the lender shall issue housing loans to the borrower in accordance with the relevant provisions of the General Rules for Loans.

Article 8 The loan amount issued by the lender shall not exceed the value of the house purchased by the real estate appraisal agency.

Article 9 If an applicant applies for using the housing provident fund loan to purchase a house, after the loan application is approved, the lender will transfer the funds to the bank account opened by the selling unit according to the time stipulated in the loan contract. The maximum amount of housing provident fund loans shall not exceed 2 times the amount of housing provident fund deposits within the retirement age of borrowing family members.

Chapter IV Loan Term and Interest Rate

Article 10 The lender shall reasonably determine the loan term according to the actual situation, but the longest term shall not exceed 20 years.

Article 10 The borrower shall work out a repayment plan with the loan bank. If the loan term is less than 1 year (including 1 year), the borrower will repay the principal and interest in one lump sum at maturity, and the interest will be paid with the principal. If the loan term exceeds 1 year, the principal and interest of the loan shall be repaid monthly.

Article 12 The interest rate of individual housing loans issued by credit funds shall be lowered (excluding floating) according to the legal loan interest rate. That is, if the loan term is less than 1 year (including 1 year), the legal loan interest rate of less than half a year (including half a year) shall be implemented; If the term is 1 to 3 years (including 3 years), the legal loan interest rate of 6 months to 1 year (including 1 year) shall be implemented; If the term is 3 to 5 years (including 5 years), the legal loan interest rate 1 to 3 years (including 3 years) shall be implemented; If the term is 5 to 10 years (including 10 years), the legal loan interest rate will be implemented for 3 to 5 years (including 5 years), and if the term is 10 years, it will rise appropriately on the basis of the legal loan interest rate for 3 to 5 years (including 5 years), and the maximum floating rate will not exceed 5%.

Thirteenth individual housing loan interest rate issued by the housing provident fund shall be implemented on the basis of three-month lump-sum deposit interest rate. If the loan term is 1 to 3 years (including 3 years), add 1.8 percentage points; if the loan term is 3 to 5 years (including 5 years), add 2. 16 percentage points; if the loan term is 5 to 10 years (including 10). If the term is from 10 to 15 (inclusive), add 2.88 percentage points; If the term is 15 to 20 years (including 20 years), add 3.42 percentage points.

Fourteenth individual housing loans 1 year (including 1 year), the contract interest rate, in case of legal interest rate adjustment, interest-free by stages; If the loan term exceeds 1 year, if the legal interest rate is adjusted, the new interest rate regulations will be implemented at the beginning of next year according to the corresponding interest rate grades.

Chapter V Mortgage

Fifteenth loan collateral shall comply with the provisions of Article 34 of the Guarantee Law of People's Republic of China (PRC). Property that cannot be mortgaged as stipulated in Article 37 of the Guarantee Law of People's Republic of China (PRC) shall not be used for loan mortgage.

Article 16 If the borrower takes the purchased house as collateral for the loan, it must take the full value of the purchased house as collateral for the loan.

Article 17 Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract and go through the mortgage registration formalities at the department designated by the local people's government at or above the county level before the loan. The relevant contents of the mortgage contract shall be determined in accordance with the provisions of Article 39 of the Guarantee Law of People's Republic of China (PRC).

Article 18 The borrower shall properly keep the mortgaged property during the mortgage period, be responsible for repairing, maintaining and ensuring its integrity, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization.

Article 19 During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender.

Article 20 A mortgage contract shall take effect from the date of registration of the collateral and shall be terminated when the borrower pays off all the loan principal and interest. After the termination of the mortgage contract, the parties shall terminate the mortgage right according to the contract. Where real estate is mortgaged, when the mortgage right is lifted, the mortgage cancellation registration formalities shall be handled at the original registration department.

Chapter VI Pledge and Guarantee

Article 21 In case of pledge, the pledgor and the pledgee must sign a written pledge contract. According to the "People's Republic of China (PRC) Guarantee Law" need to register, it shall go through the registration formalities. The relevant contents of the pledge contract shall be implemented in accordance with Article 65 of the Guarantee Law of People's Republic of China (PRC). The effective date shall be implemented in accordance with the provisions of Articles 76 to 79. When the borrower pays off all the loan principal and interest, the pledge contract is terminated.

Twenty-second before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization.

During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation.

Article 23 If the borrower fails to provide the mortgage (pledge) in full, a third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and have a deposit account in the bank. If the guarantor is a natural person, he must have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank.

Article 24 A surety and a creditor shall conclude a suretyship contract in writing. If the guarantor is changed, the guarantor must go through the formalities of change according to the regulations, and the original guarantee contract may not be revoked without the consent of the lender.

Chapter VII Family Insurance

Twenty-fifth real estate as collateral, the borrower should go through the relevant insurance procedures or entrust the lender to insure before signing the contract. During the mortgage period, the insurance policy shall be kept by the lender.

Article 26 During the mortgage period, the borrower shall not interrupt or cancel the insurance for any reason. During the insurance period, the borrower shall bear all the responsibilities for any damage caused by the borrower's fault.

Chapter VIII Modification and Termination of Loan Contract

Article 27 Where a loan contract needs to be changed, it must be agreed by both borrowers and borrowers through consultation, and a change agreement shall be signed according to law.

Article 28 If the borrower dies, is declared missing or loses capacity for civil conduct, the legal heir of his property will continue to perform the loan contract signed by the borrower.

Article 29 When a guarantor loses his qualification and ability to guarantee, or in case of merger, division or bankruptcy,

The borrower shall replace the guarantor and go through the guarantee formalities again.

Article 30 After the mortgagor or pledgor repays all the loan principal and interest as agreed in this contract, the mortgage or pledge shall be returned to the mortgagor or pledgor, and the loan contract shall be terminated.

Chapter IX Disposal of Collateral or Pledged Property

Article 30 If the borrower dies, disappears or loses civil capacity during the repayment period, and there is no heir or legatee, or his legal successor or legatee refuses to perform the loan contract, the lender has the right to dispose of the collateral or pledge in accordance with the provisions of the Guarantee Law of People's Republic of China (PRC).

Article 32 If the price of the collateral or pledge is insufficient to repay the principal and interest of the loan, the lender has the right to recover from the debtor; If the price exceeds the repayable part, the lender shall return the price to the mortgagor or pledger.

Thirty-third auction allocated state-owned land use rights, after paying the amount equivalent to the land use right transfer fee payable according to law, the mortgagee has the priority to be compensated.

Article 34 When a loan contract occurs, both the borrower and the lender shall settle it through consultation in time. If negotiation fails, either party may apply for arbitration or bring a lawsuit to the people's court according to law.

Article 35 If the borrower is under any of the following circumstances, the lender shall investigate the borrower's liability for breach of contract according to the relevant provisions of the General Rules for Loans of the People's Bank of China:

1. The borrower fails to repay the loan principal and interest on schedule;

Two, the borrower provides false documents or information, which has caused or may cause loan losses;

3. Without the consent of the lender, the borrower sells, transfers, donates or repeatedly mortgages the property or rights with mortgage or pledge;

4. The borrower arbitrarily changes the purpose of the loan and misappropriates the loan;

Five, the borrower refuses or obstructs the lender to supervise and inspect the use of the loan;

Six, the borrower and other legal persons or economic organizations signed a contract or agreement that is detrimental to the rights and interests of the lender;

Seven. The guarantor violates the guarantee contract or loses the ability to bear joint and several liabilities, the collateral is not enough to pay off the principal and interest of the loan due to accidental damage, and the pledge is obviously reduced, which affects the lender's realization of the pledge right, while the borrower fails to implement the new guarantee or new mortgage (pledge) as required.

Chapter X Supplementary Provisions

Thirty-sixth individual housing loans shall not be used to buy luxury housing. Housing renovation and self-built housing loans for urban residents shall be implemented with reference to these measures.

Article 37 Lenders may formulate detailed rules for implementation according to these Measures and report them to the People's Bank of China for the record.

Article 38 The People's Bank of China shall be responsible for the interpretation and revision of these Measures.

Article 39 These Measures shall come into force as of the date of promulgation. The relevant provisions that conflict with these measures shall be abolished at the same time.

The latest management measures for personal mortgage loans

Measures for the management of individual housing (commercial housing) loans of rural commercial banks: Article 1: In order to standardize the management of individual housing and commercial housing loans of rural commercial banks Co., Ltd. (hereinafter referred to as "the Bank") and safeguard the legitimate rights and interests of both borrowers and lenders, in accordance with the People's Republic of China (PRC) Commercial Bank Law, the People's Republic of China (PRC) Civil Code, the Interim Measures for the Management of Personal Loans of China Banking Regulatory Commission and other relevant laws and regulations, Article 2: Personal housing as mentioned in these Measures. Auction refers to the commercial housing from the beginning of obtaining the pre-sale permit of commercial housing to the end of obtaining the property certificate; The so-called xianfang refers to the commercial housing where the developer has completed the real estate license. Article 3: Personal housing (commercial housing) loan (hereinafter referred to as "loan") refers to the loan that the buyer (borrower) applies to the bank to pay part of the purchase price with the house purchased from the primary real estate market as collateral, that is, real estate mortgage loan. The head office authorizes the personal business department to handle real estate mortgage loans (mortgage loans for short), and other branches may not handle this business without the approval of the head office.

Legal basis:

Article 4 of the Measures for the Administration of Personal Housing Loans of the People's Bank of China shall apply to natural persons with full capacity for civil conduct. Article 5 A borrower shall meet the following conditions at the same time: having a permanent residence in a town or a valid residence status; Two, a stable occupation and income, good credit, the ability to repay the loan principal and interest; Three, with the purchase of housing contracts or agreements; Four, no housing subsidies to not less than 30% of the total price of the purchased housing as the down payment; If there is a housing subsidy, 30% of the personal commitment is the down payment for the purchase; Five, there are assets recognized by the lender as collateral or pledge, or units or individuals with sufficient compensation capacity as guarantors.