Current location - Loan Platform Complete Network - Loan intermediary - Can a house be mortgaged a second time?
Can a house be mortgaged a second time?

The house can be mortgaged twice. Under normal circumstances, a property can be mortgaged a second time or even multiple times, but the secured claims must not exceed the value of the mortgage. According to the Civil Code: "The creditor's rights guaranteed by the mortgagor shall not exceed the value of the mortgaged property. After the property is mortgaged, if the value of the property is greater than the balance of the guaranteed creditor's rights, it can be mortgaged again, but it shall not exceed the balance."

What are the conditions for a second mortgage loan for real estate?

1. Houses that can be applied for a second mortgage loan generally need to have relatively good room for value preservation and appreciation. Therefore, the geographical location and surrounding facilities of the house should be better;

2. The house that can apply for a second mortgage loan must be an existing house, not an off-plan house;

3. Secondary mortgage loan The credit of the loan borrower must be good, and the existing mortgage loan must have no serious overdue record;

4. The borrower of the second loan must have a stable income. It can guarantee that the new loan will be repaid on time under the premise of repaying the existing loan;

5. Under normal circumstances, the bank that can handle the second mortgage loan is the same bank that handles the first mortgage loan;< /p>

6. Sometimes banks will require borrowers to apply for insurance in accordance with regulations;

7. When applying for a second mortgage loan, it is often necessary to obtain an initial loan that has been repaid on time for a certain number of years. For example, Bank of China’s requirement is 2 years.

Things to note when taking out a second mortgage on a house

The first is the loan amount. The loan amount of a second real estate mortgage loan is stipulated as follows:

(1) Loan amount = house value*mortgage rate-principal balance of the original loan;

(2) House value The original purchase price of the house is compared with the appraised price at the time of the second mortgage, whichever is lower. The maximum mortgage rate of a second loan mortgaged by a residential property shall not exceed 70%; the maximum mortgage rate of a second loan mortgaged by a commercial building shall not exceed 50%.

Second, the procedures and documents required for the second mortgage and the first mortgage are basically the same. The legal effects after registration vary depending on the order in which mortgage rights are realized.

Third, although the "Measures for the Low-Pressure Management of Urban Real Estate" stipulates that the consent of the first mortgagee is not required for a second mortgage, but the second mortgagee must be informed. However, in the actual mortgage process, if the first mortgage contract requires the consent of the first mortgagee, it must be abided by as stipulated in the contract. At the same time, the second mortgagee must be informed of the mortgage loan that has been carried out. Otherwise, the mortgagee has the right to require the mortgagor to stop its loan behavior in accordance with relevant regulations.

Fourth, the right value of the second mortgage loan shall not exceed the balance of the value of the house after the first mortgage guarantee. This is to avoid administrative litigation from the registration department if the mortgagor is unable to pay off its debts.