Legal analysis: The process of handling mortgage loan is as follows: 1. The borrower applies to the loan bank for a mortgage loan. 2. The loan bank approves the loan application. 3. The borrower shall go through the guarantee formalities with the loan bank and mortgage the collateral. 4. Sign a loan contract. 5. The loan bank issues loan funds to the borrower's account.

Legal basis: People's Republic of China (PRC) Commercial Bank Law.

Article 35 When issuing loans, commercial banks should strictly examine the borrower's borrowing purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval.

Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral.

After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.

Article 37 A commercial bank shall sign a written contract with the borrower when issuing loans. The contract shall stipulate the type, purpose, amount, interest rate, repayment period, repayment method, liability for breach of contract and other matters that both parties think need to be agreed.

How to apply for a mortgage loan at the bank?

There will always be times when money is tight and turnover is difficult in life, so many people will think of taking their own property as collateral for loans to alleviate their financial difficulties. So, how to go to the bank to apply for a mortgage loan?

Personal property mortgage loan process

1. Apply for a loan from the bank, stating the purpose, amount and term of the loan;

2. Applicants need to prepare their own and their spouses' ID cards, household registration books, proof of income, corresponding contracts for personal consumption purposes, proof of marital status, real estate licenses, ownership and spouse's ID cards, household registration books, proof of marital status and other materials and equipment;

3. The bank accepts the relevant loan application, and the appraisal institution conducts on-the-spot investigation to evaluate the value of the mortgaged property;

4. Submit all the preparation materials and evaluation reports to the bank for approval, and fill in the loan application;

5. The loan applicant fills in the loan contract and related documents, signs and prints them, and submits them to the relevant notary office for notarization;

6. The bank shall go through the mortgage registration formalities at the property right office with the house ownership certificate and notarized loan contract;

7. The loan applicant provides a repayment account or re-opens an account in the bank.

Conditions for banks to handle mortgage loans

1. Applicant's age 18-65, with legal status and full capacity for civil conduct;

2. Have a stable job and income, have the ability to repay the principal and interest of the loan, have no bad credit record, and provide corresponding bank flow;

3. Have a legal house ownership certificate;

4. For a new house with a loan, it is necessary to prepare a purchase contract, the age of the house is 10 year, and the down payment of not less than 30% of the total house price has been paid for more than one year, and the loan balance is less than 60% of the house value;

5. Provide effective guarantee recognized by the lending bank.

Since the property loaned by the bank cannot be a small property house or a self-built house, the property right of the commercial house that needs to be mortgaged must be clear. If there is a * * * owner, it must be signed by the * * * owner, and the loan amount must be lower than the residual value of the property. If it is higher than the residual value, the loan will not be processed.

How to go to the bank to apply for real estate mortgage loan?

Housing mortgage bank loan procedures:

1. Need to open a current deposit account with a banking institution;

2. Fill in the loan application form as required, and submit the application form and required materials according to the instructions of the bank;

3. The bank business manager or appointed lawyer shall conduct home visits to investigate the authenticity, legality and completeness of the information provided;

4. After the approval of the bank, notify the approval result and sign the loan contract;

5. Handle insurance, mortgage registration, notarization and other procedures as appropriate;

6. CITIC Industrial Bank will directly transfer the loan to the account agreed in the contract;

7. According to the provisions of the loan contract.

Extended data:

According to the Measures for the Administration of Mortgage Loans:

Article 3 Scope of collateral: fixed assets (such as houses and other above-ground buildings, vehicles, machinery and equipment, etc.) with legal value and use value; Materials or property that can be circulated or transferred.

If the house purchased under the preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposition and income; An enterprise as a legal person with an operating period may not mortgage a house beyond the operating period;

If a house with land use years is mortgaged, the mortgage period shall not exceed the remaining years after the used years minus the used years stipulated in the land use right transfer contract. Where a house is mortgaged, the right to use the state-owned land within the occupied area of the house shall be mortgaged at the same time.

Article 180 stipulates that the following properties that the debtor or a third party has the right to dispose of may be mortgaged:

(a) buildings and other land attachments;

(2) The right to use construction land;

(3) The contracted management right of wasteland and other land obtained through bidding, auction and public consultation;

(4) Production equipment, raw materials, semi-finished products and products;

(5) Buildings, ships and aircraft under construction;

(6) means of transportation;

(seven) other property not prohibited by laws and administrative regulations.

The mortgagor may mortgage the property listed in the preceding paragraph together.

Property that can be mortgaged belongs to real estate. For movable property, the general way of setting pledge guarantee is otherwise stipulated in the property law.

According to the scope of collateral, it can be roughly divided into six categories:

(1) Inventory mortgage, also known as commodity mortgage, refers to the mortgage of various commodities held by employers and enterprises, including commodities, raw materials, products in process and finished products, and applies for loans from banks.

(2) Customer account mortgage refers to the short-term loan secured by accounts receivable;

(3) Securities mortgage, in which stocks, bills of exchange, promissory notes, certificates of deposit, bonds and other securities are used as collateral to obtain short-term loans;

(4) Equipment mortgage refers to mechanical equipment, vehicles, ships, etc. As a guarantee for obtaining regular loans from banks;

(5) Real estate mortgage, that is, the borrower provides land, houses and other real estate mortgages to obtain loans;

(six) mortgage of life insurance policy refers to the establishment of mortgage right on the claim of insurance money. It takes the surrender amount of life insurance contract as the limit, and the insurance policy as the mortgage to issue loans to the insured.