To obtain a guarantor for a bank loan, the required procedures are as follows: (1) The loan object is a natural person with full civil capacity. (2) Having urban permanent residence or valid residence status requires the borrower to have legal status. (3) Have a stable occupation and income, good credit and the ability to repay the loan principal and interest. (4) There are some differences in down payment requirements among banks. (5) There are assets recognized by the lender as collateral or pledge, or units or individuals that meet the prescribed conditions and have compensatory ability as guarantors to repay the principal and interest of the loan and bear joint and several liabilities. (six) there is a purchase contract or agreement. (7) Other conditions stipulated by the lender.
Under what circumstances should a bank loan have a guarantor? Do I need a guarantor's signature to take effect?
First, a guarantor is needed in the following situations:
1. No collateral.
2. The required funds are relatively large, and the collateral is underestimated.
3. Insufficient repayment ability
4. Foreigners borrow money locally
5. Combining all kinds of asset and liability information, there are many risk items in credit information evaluation.
6. The variety of loans you make is guaranteed.
Second, the guarantor needs to know when the bank will lend, and also needs the guarantor's signature. Otherwise, the guarantor will not sign the legal documents, and there is no way to prove the facts of the guarantor. The guarantor will not admit it legally, and will not take responsibility once something happens. Therefore, as a guarantor, you must sign the agreement or even draw a pledge, which is the most basic condition for fulfilling the guarantor's obligations.
Third, the guarantor refers to the agreement between the third party and the creditor that when the debtor fails to perform the debt, the third party will perform the debt or bear the responsibility according to the agreement. The third person here is a guarantor, including a legal person, other organization or citizen who has the ability to pay off debts on his behalf. According to Article 3 of the Guarantee Law of People's Republic of China (PRC), the guarantee activities shall follow the principles of equality, voluntariness, fairness, honesty and credibility.
4. What rights do you have as a guarantor?
According to the guidelines of the central bank, the guarantor has the following rights:
1. You can hold the guarantee contract and other related documents.
As long as the borrower agrees, you can know how much money you have borrowed from financial institutions.
3. You can sue the borrower to repay the debt owed by the former to the finance company. The guarantor usually receives a debt collection letter to the borrower.
4. Only one specific loan can be guaranteed. If after several years, the borrower wants to increase the loan amount, he must re-apply for the loan, or at least obtain the written consent of the guarantor to provide guarantee for the new loan.
Unless the borrower defaults and cannot repay the loan, the financial institution can recover the debt from the guarantor.
6. Financial institutions must send a letter of claim to the guarantor before they can recover the debt from the guarantor.
(Note: All guarantors should be informed of the above rights, regardless of whether they comply with the Bankruptcy Law 1967 or the Guide for Lending Institutions to Accept Loan Guarantees by the Central Bank. )
V. The guarantor is no longer liable for the following circumstances:
(1) During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor will no longer be liable for the debt transferred without his consent.
(2) Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.
(3) If the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability.
What are the types of loan guarantees?
Secured loans include mortgage loans, mortgage loans.
1. Guaranteed loan: refers to a loan issued by a third party in the form of guarantee stipulated in the Guarantee Law of People's Republic of China (PRC), with the promise that the borrower will bear joint and several liabilities as agreed when the loan cannot be repaid;
2. Mortgage loan: refers to the loan issued with the property of the borrower or a third party as collateral according to the mortgage method stipulated in the Guarantee Law of People's Republic of China (PRC);
3. It refers to the loan granted with the movable property or rights of the borrower or a third party as collateral according to the pledge method stipulated in the Guarantee Law of People's Republic of China (PRC).
Loan guarantee is the main business of credit guarantee institutions. Its main purpose is to alleviate the financing difficulties of enterprises, disperse the risks that may arise from bank lending and enterprise financing, and play a role in ensuring the safety of credit loans and promoting the development of enterprises. Types of loan guarantees. Mortgage: a legal act in which a debtor or a third party takes a property as a guarantee to pay off debts.
Under what circumstances does a mortgage need a guarantor?
When many people apply for bank loans to buy a house, the bank may need to provide a guarantor. Under what circumstances does a mortgage need a guarantor?
1. The customer went to the bank to apply for a loan to buy a house. If the personal credit condition is average, the information about economic income, assets and financial resources that can be provided is limited, and you are worried that the bank will refuse to sign the loan, you can find a guarantor with good credit to guarantee your mortgage.
2, and if the customer has a good credit. It also has the ability to repay the loan principal and interest on time, and there is no need to find a guarantor. However, in order to increase the chances of loan approval, or customers want to apply for more loan quotas, it is safer to find a guarantor for the mortgage.
3, of course, you need to pay attention. If the customer's credit is poor and there are serious bad information in the recent credit report, even if a guarantor with good credit is found for his mortgage, it is difficult to pass the examination and approval. After all, the guarantor can only provide some help. If customers want to successfully apply for a mortgage, they should still pay attention to maintaining good personal credit in peacetime. And avoid frequent borrowing leading to high credit "flowers" and personal debts.
4. What conditions does the mortgage guarantor need? The mortgage guarantor needs to have a permanent residence or a long-term residence identity card.
The mortgage guarantor really needs to have a stable income and work. Personal credit should be good, but also have a certain repayment ability.
6. The guarantor of the mortgage needs to have a savings account or provident fund account in the loan bank.
7. If the guarantor of the mortgage is a guarantee company. It is necessary to use assets recognized by creditors as collateral.
8. What is the responsibility of the mortgage guarantor? If the borrower does not repay, the guarantor of the mortgage has the responsibility to repay. Before being a guarantor, you should think carefully, even if the relationship between the guarantor and the debtor changes, it is still valid. The guarantor of the mortgage is a permanent guarantor when he signs as a guarantor.
9. The mortgage guarantor is responsible. Under normal circumstances, the borrower repays the loan by himself, and the guarantor does not care. The loan amount and monthly payment borrowed by the borrower will be displayed in the credit record of the guarantor.
10, when the mortgage guarantor needs to apply for a loan by himself. All the guaranteed debts will be regarded as their own debts, and usually the lending institutions will include them in the debts, which may also affect the loan amount of the guarantor.
The above is about the situation that the mortgage needs a guarantor.
Do you need a guarantor for bank loans?
Bank loan guarantor means that the guarantor and the borrower agree that when the borrower cannot repay the loan, the guarantor will perform the repayment obligation as agreed.
According to the provisions of the Guarantee Law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or bear the responsibility as agreed.
The third party here is the guarantor, including legal persons, other organizations or citizens who have the ability to pay off debts on their behalf, and the creditors here are all creditors of the principal debt.
Here, performing debts or assuming responsibilities according to the agreement is called guarantee debt, and some people call it guarantee responsibility.
Extended data:
Guarantee mode
1, mortgage guarantee
If the borrower uses the purchased owner-occupied house as collateral for the loan, it must use the full value of the house as collateral for the loan; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, 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; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender.
2. Pledge guarantee
If pledge is adopted, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the principal and interest of the loan; 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.
Step 3 guarantee
If the borrower fails to provide the mortgage (pledge) in full, the 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 open a deposit account in a bank.
If the guarantor is a natural person, the principal and interest have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing.
If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked.
4. Mortgage plus guarantee
It refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. Now it is generally required that the developer of the purchased house be the guarantor.