As a guarantee, the housing provident fund mortgage loan was frozen. When necessary, you can first pay off the loan amount owed by your relatives through other channels, and the guarantee agreement will be lifted and returned to normal. Provident fund secured loan
2. How are the mortgage, pledge and guarantee of provident fund loans stipulated?
For provident fund loans, only the houses purchased by loans can be used as loan collateral, and other real estate cannot be used as loan collateral. Conditions of provident fund loan: 1. On-the-job employees with full capacity for civil conduct and full payment of housing provident fund; 2, continuous normal deposit of housing provident fund for more than twelve months; 3, in the administrative area of the purchase and construction of self-occupied housing, and has paid more than the prescribed down payment ratio of the purchase price; 4. Personal credit is good, with stable economic income and the ability to repay loan principal and interest; 5. Agree to use the purchased house as loan collateral, or provide a guarantee recognized by the management center. Process of handling provident fund loans: 1. Lenders need to submit a written application for housing provident fund loans to the bank, fill in the application form for housing provident fund loans and truthfully provide the following information: (1) proof of the applicant's and spouse's housing provident fund deposit; (2) Proof of identity of the applicant and spouse (referring to valid residence certificates such as resident ID card and household registration book) and proof of marital status; (3) proof of family income stability and other proof of creditor's rights and debts that have an impact on repayment ability; (four) the purchase of housing contracts, agreements and other valid documents; (5) List of collateral and pledge, certificate of ownership, certificate of consent of the authorized person to mortgage and pledge, and certificate of collateral valuation issued by relevant departments; (six) the provident fund center requires a third-party guarantor to provide guarantee and pay the guarantee fee, and the borrower, the lender and the third-party guarantor jointly sign a tripartite contract. (seven) other information required by the provident fund center. 2. For the loan application with complete information, the bank will accept the examination in time and submit it to the provident fund center in time. 3, provident fund center is responsible for the approval of loans, and timely notify the bank of the approval results. 4. The bank shall notify the applicant to handle the loan formalities according to the examination and approval results of the provident fund center. The borrower and his wife sign a loan contract and related contracts or agreements with the bank, and send the loan contract and other procedures to the provident fund center for review. After the approval of the provident fund center, the entrusted funds will be allocated, and the entrusted bank will issue loans in full and on time according to the loan contract. 5. If the house is mortgaged, the borrower shall go through the mortgage registration formalities at the real estate management department where the house is located. If the mortgage contract or agreement is signed by both husband and wife and pledged by securities, the borrower shall hand over the securities to the management department or the joint center for safekeeping.
Three, housing provident fund loans must go through the mortgage guarantee company?
There should be many ways to guarantee housing provident fund loans, and the guarantee company guarantee is only one of them. Guarantee companies are generally private enterprises. Your contribution is his income. On the one hand, his expenses are the expenses of the company, and he has to bear the loss of bad debts that cannot be recovered due to the borrower's reasons.
Four, Nantong housing provident fund loan mortgage, pledge and guarantee the difference.
1. To apply for a personal housing provident fund loan, the borrower shall provide guarantees in the form of guarantees recognized by Nantong Housing Provident Fund Management Center, including existing house mortgage, securities pledge and auction guarantee.
Second, existing home mortgage refers to the mortgage of all, jointly owned or owned by a third party's flawless property when the borrower applies for a loan. Among them, if the joint property or the property of a third party is used as collateral, the written consent of the joint owner and the third party must be obtained and notarized.
If the existing house is mortgaged, it must go through the mortgage registration formalities with the local real estate management department and hand over his right certificate to the entrusted bank for safekeeping. Where the collateral needs to be assessed, it shall be assessed by a competent assessment agency.
During the mortgage period, the mortgagor shall be responsible for the maintenance, management and protection of the mortgaged property, and shall accept the supervision and inspection of Nantong Housing Provident Fund Management Center and its branches and entrusted banks at any time.
After the borrower has paid off all the principal and interest of the loan and paid all the expenses he should bear, he will go through the mortgage registration cancellation procedures with the Nantong Housing Provident Fund Management Center and its branches and entrusted banks in the real estate management department.
3. Pledge of marketable securities refers to the pledge of marketable securities such as government bonds and bank certificates of deposit when borrowers apply for loans. The amount of loan principal and interest secured by pledge shall not exceed the value of securities.
Where the borrower pledges securities, it shall hand over the securities to the entrusted bank for safekeeping. If the securities expire during the pledge period, they can be used to repay the loan principal and interest in advance with the consent of the pledger, or they can be transferred after being paid by the entrusted bank. After the borrower has paid off all the principal and interest of the loan and paid all the expenses it should bear, the entrusted bank will return the pledged securities to the borrower.
Four. Faster house guarantee means that when the borrower applies for a loan, the real estate developer and the entrusted bank who signed the mortgage loan cooperation agreement with Nantong Housing Provident Fund Management Center and its branches provide the borrower with staged joint and several liability guarantee before the borrower obtains the property ownership and completes the mortgage registration, and bear the following irrevocable guarantee responsibilities:
(1) The guarantee amount is the sum of the loan principal, interest, penalty interest and other related expenses in the name of the borrower.
(2) The guarantee period is from the effective date of the loan contract to the date when the real estate developer completes mortgage registration for the purchaser (borrower) and submits the house ownership certificate to the entrusted bank for signature.
(3) If the borrower fails to repay the principal and interest of the loan for three consecutive months during the guarantee period of the auction house, the guarantor shall repay the arrears on his behalf within one month after receiving the Notice on Fulfilling the Guarantee Responsibility of Personal Housing Mortgage Loan issued by the branch of Nantong Housing Provident Fund Management Center or the entrusted bank.
(four) if the guarantor fails to perform the guarantee responsibility, the entrusted bank has the right to deduct the amount owed by the borrower from its deposit account.
(5) Creditor's rights and debts arising from the guarantor's paying off debts on his behalf shall be paid off by the guarantor and the borrower.
Five, the borrower has one of the following circumstances, the lender has the right to stop lending to the borrower, have the right to terminate the loan contract, recover the loan principal and interest in advance, and have the right to dispose of the collateral or pledge rights according to law, and require the guarantor to perform the guarantee responsibility in advance:
(1) The borrower provides false certification materials to the lender.
(2) The borrower fails to use the loan for the purpose agreed in the loan contract.
(3) The damage of collateral is not enough to pay off the loan principal and interest, and the obvious reduction of pledged property affects the lender's realization of pledge right, but the borrower fails to implement the new pledged (pledged) property as required.
(4) Without the consent of the lender, the borrower sells, transfers, donates or repeatedly mortgages the property or rights with mortgage or pledge.
(5) During the loan period, the borrower fails to repay the loan principal and interest and pay related expenses for three consecutive months or six cumulative months.
(6) When the loan expires, the borrower fails to repay the loan principal and interest on schedule, and the borrower still fails to repay the loan principal and interest and pay related expenses within 30 days from the date when the lender issues the dunning notice.
(7) The borrower dies, is declared missing or loses capacity for civil conduct during the performance of the loan contract, and his heirs, legatees, guardians and property custodians refuse to continue to perform the loan contract or fail to repay the loan principal and interest on schedule and pay related expenses for a total of six months.
(eight) the borrower refuses or hinders the lender from supervising and inspecting the use of the loan.
(9) The borrower is involved in or about to be involved in major litigation or arbitration procedures and other legal matters, which is enough to affect its solvency.
(10) Other events that may affect the borrower's solvency occur.
(eleven) other circumstances agreed by Nantong Housing Provident Fund Management Center and the entrusted bank and the borrower.
Six, the main way to dispose of collateral and pledge is entrusted auction. The proceeds from the disposal of collateral or pledge shall be distributed in the following order:
(a) to pay the expenses for the disposal of collateral and pledge.
(2) Deduct taxes and fees related to collateral.
(three) to pay off the personal loan principal and interest of the housing provident fund owed by the borrower.
(4) The balance shall be returned to the borrower or heir or donee.
(5) If the borrower has no heir or donee, or if the heir and donee give up, the balance will be included in the value-added income of the housing provident fund.
If the proceeds from the disposal of the collateral are insufficient to repay the principal and interest of the loan and pay related expenses, the entrusted bank shall recover from the borrower, guarantor or his successor and donee.