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Husband and wife have provident fund loans. Can they transfer the provident fund loans to one person after divorce?
First, after obtaining the consent of the loan bank and the provident fund management center, the provident fund loan can be transferred to one party.

2. According to Article 191st of People's Republic of China (PRC) Property Law; During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, he shall pay off the debts to the mortgagee in advance or deposit the proceeds from the transfer.

The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor. During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debts and extinguishes the mortgage on his behalf.

Three, provident fund loan conditions

1. Only employees who participate in the housing provident fund system are eligible to apply for housing provident fund loans. Employees who have not participated in the housing provident fund system cannot apply for housing provident fund loans.

2. If you participate in the housing provident fund system, you must also meet the following conditions to apply for a housing provident fund personal housing loan: that is, you must pay the housing provident fund continuously for not less than 6 months before applying for the loan. Because, if the employee's behavior of paying housing provident fund is abnormal and intermittent, it means that his income is unstable and he is prone to risks after issuing loans.

3. If one of the husband and wife has applied for a housing provident fund loan, both husband and wife shall not obtain a housing provident fund loan again before paying off the principal and interest of the loan. Because the housing provident fund loan is a kind of "housing security" financial support to meet the basic housing needs of workers' families.

4. When applying for a housing provident fund loan, the loan applicant must have a relatively stable economic income and repayment ability, and there are no other outstanding debts that may affect the repayment ability of the housing provident fund loan. When employees have other debts, it is risky to lend to housing provident fund, which violates the principle of safe operation of housing provident fund.

5. The term of the provident fund loan shall not exceed 30 years. For portfolio loans, the loan conditions of provident fund loans and commercial housing loans must be the same.

Extended data

Provident Fund loan process

I. Consultation of loan applicants

The loan applicant goes to the loan handling department or calls the loan handling department to consult the housing provident fund loan and prepare the relevant materials for the housing provident fund loan.

II. Preliminary review and evaluation

The loan applicant should go to the loan handling department for preliminary examination and relevant evaluation.

1. The loan applicant shall go to the loan handling department to conduct the preliminary examination of the provident fund loan with the materials required for the housing provident fund loan application.

2 according to the provisions of the need for personal credit evaluation of the loan applicant, the loan applicant shall sign a letter of credit evaluation under the supervision of the staff of the loan handling department.

3. The staff of the loan processing department prints the relevant documents and tells the loan applicant how to go through the next procedure.

4. If the house purchased by the loan applicant needs to be assessed according to the regulations, the staff of the loan handling department will also issue a notice of collateral assessment to the loan applicant, and the loan applicant or entrusted agent will apply for collateral assessment at the assessment agency designated by the Beijing Housing Provident Fund Management Center.

Three, the loan applicant waiting for telephone notification.

1. The staff of the loan handling department will review the loan according to the materials required by the loan applicant and the evaluation results of relevant institutions. If it is necessary to communicate with the loan applicant by telephone, the staff will verify and confirm with the loan applicant by telephone through the contact information provided by the loan applicant.

2. If the guarantee method chosen by the loan applicant is the guarantee center, after the guarantee is approved, the staff of the guarantee center will inform the loan applicant of the time to sign the loan-related contract, the materials to be carried and the guarantee service fee to be paid;

If the loan applicant chooses the non-guarantee center as the guarantee method, after completing the relevant procedures according to different guarantee methods, the staff of the loan handling department will inform the loan applicant of the time and required materials for signing the loan-related contract.

Four. The loan applicant signs the relevant contract.

1. According to the interview time notified by telephone, the loan applicant will go to the loan handling department to go through the signing formalities with the materials needed for the housing provident fund loan interview. For loan applicants who need to pay assessment fees and guarantee fees, they should first pay at the designated counter and receive invoices.

2. The loan applicant and * * * and the applicant, the mortgagor and the pledger complete the signing procedures of the Loan Contract and other relevant contract documents under the guidance of the staff of the loan handling department.

Verb (abbreviation for verb) bank loan

After the bank lends money, the loan applicant goes to the bank to collect the relevant contract documents of the borrower.

VI. Monthly repayment

The loan applicant shall repay the loan on a monthly basis in accordance with the provisions of the loan contract.

Baidu Encyclopedia-People's Republic of China (PRC) Property Law

Baidu encyclopedia-provident fund loan