Do bank loans require mortgage?

Legal analysis: A mortgage requires a real estate certificate, and the mortgage itself is a loan with the purchased house as collateral. After applying for a mortgage, the property is mortgaged to the lending institution, and the property certificate is retained by the lending institution. The mortgaged property can only be released from the mortgage if the borrower pays off the outstanding balance.

Legal basis: Measures for the Administration of Personal Housing Loans of the People's Bank of China.

Article 1: In order to support urban residents in purchasing ordinary housing for self-use, standardize the management of personal housing loans, and safeguard the legitimate rights and interests of both borrowers and lenders, in accordance with the "Law of the People's Republic of China and the Commercial Bank Law of the People's Republic of China" and the "Law of the People's Republic of China on Commercial Banks", **The Guarantee Law of the People's Republic of China" and the "General Principles of Loans" are used to formulate these Measures.

Article 2 Personal housing loans (hereinafter referred to as loans) refer to loans issued by lenders to borrowers for the purchase of ordinary housing for self-use. When a lender issues a personal home loan, the borrower must provide a guarantee. If the borrower fails to repay the principal and interest of the loan when due, the lender has the right to dispose of its mortgage or pledged property in accordance with the law, or the guarantor shall bear joint and several liability for the repayment of the principal and interest.

Article 3 These Measures shall be applicable with the approval of the People's Bank of China. Does a loan require collateral?

Loans from banks do not necessarily require collateral. However, if the lender and the borrower agree to provide a mortgage, the lender and the borrower need to enter into a guarantee contract and handle the registration procedures for the mortgage in accordance with the law. The lender needs to be involved in the mortgage registration process.

Not all bank loans require collateral. Currently, some domestic banks provide unsecured loans. In addition, some loan companies and loan companies with a large number of guarantees and consulting names can also handle unsecured loans.

Unsecured loans, also known as unsecured loans, or credit loans. No collateral is required, only proof of identity, income, address and other materials. Each bank has different requirements for specific materials. When applying for a loan from a bank, the bank issues the loan based on the individual's credit situation. The interest rate is generally slightly higher than that of a secured loan. The customer can choose the loan term based on the specific circumstances of the individual and then sign a contract with the bank. Compared with a loan company, Relatively secure.

The common features of such products launched by banks are low limits, high thresholds, and slow procedures. The loan company's unsecured credit loan has a limit of about 20,000 to 300,000 and an interest rate of 1.5% to 3%. Some loan companies are commonly known as loan sharks. The characteristics of this type of product are fast speed and flexible credit limit, but the cost is hidden in fees and other charges. The actual loan cost is much higher than the advertised interest rate.

Legal basis:

Article 23 of the "Interim Measures for the Administration of Personal Loans"

The lender should sign a written loan contract with the borrower, and guarantees are required. A guarantee contract should be signed at the same time. Lenders should require borrowers to sign loan contracts and other relevant documents in person, except for loans processed through electronic banking channels. _

Article 26 of the "Interim Measures for the Administration of Personal Loans"

Lenders shall comply with the Property Rights Law of the People's Republic of China and the People's Republic of China. The relevant provisions of the Guarantee Law and other laws and regulations regulate the guarantee process and operation.

The lender shall participate in the registration of collateral as stipulated in the contract. If the lender entrusts a third party to handle the matter, the registration status of the collateral shall be verified.

For personal loans secured by guarantee, the lender should be completed by no less than two loan officers. Do loans require collateral?

Currently, not all bank loans require collateral. At present, some domestic banks still provide unsecured loans. Moreover, some loan companies and a large number of loan companies in the name of guarantee consulting can also handle unsecured loans, so you can also choose these companies to lend money, as long as you understand the specific situation in advance.

1. If you understand the relevant procedures of formal loans, it is recommended that you go to the bank yourself. If you are unclear about the relevant procedures, it is recommended that you contact a loan company. Although it will cost more money, it can also solve many problems. First, loan companies have more loan channels. Most ordinary people don’t understand the loan process, which loan companies are available, and whether they are suitable for them.

2. If you have an experienced loan company that is familiar with various local lending institutions and has more loan channels that ordinary people do not know, you can save more time. In addition, loan companies understand the loan market better. Many customers think that loans only have the word "loan", but in fact there may be "hidden rules" for the same loan product from different lending institutions.

If there is a loan company that is familiar with the routine conditions of major lending institutions, it can help the lender save time and effort. Moreover, the loan company’s extensive network of contacts and technical advantages can help customers package application conditions legally and properly, making the loan process more convenient. Lending companies can speed up disbursements. If a person doesn't understand anything, he will waste a lot of time and energy and add unnecessary trouble. Does a private loan require a mortgage?

If it is a credit loan, no mortgage or guarantee is required; if it is a mortgage loan or guaranteed loan, a mortgage and guarantee are required. There are many ways to loan. The main loan ways are: personal unsecured loans, personal mortgage loans, personal provident fund loans, personal pledged loans, personal guaranteed loans, etc. Among them, unsecured loans, personal provident fund loans, etc. do not require collateral and guarantees. However, only mortgage loans require collateral that meets bank regulations, and secured loans require guarantors, etc. Article 394 of the Civil Code defines mortgage rights as guaranteeing the performance of debts. If the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the parties agree to do so. When the mortgage rights are realized, the creditor has the right to receive priority payment for the property. The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.