Legal analysis: mortgage loan requires real estate license, and mortgage loan itself is a kind of loan with purchased house as collateral. After the mortgage, the property will be mortgaged to the lending institution, and the real estate license will be detained by the lending institution. Only when the borrower pays off the debt can the mortgaged property be released.
Legal basis: Measures of China People's Bank for the Administration of Individual Housing Loans.
Article 1 In order to support urban residents to purchase ordinary houses for their own use, standardize the management of individual housing loans, and safeguard the legitimate rights and interests of both borrowers and borrowers, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) City Commercial Bank, the Law of People's Republic of China (PRC) on Guarantee and the General Principles of Loans.
Article 2 Personal housing loans (hereinafter referred to as loans) refer to loans granted by lenders to borrowers for purchasing ordinary housing for their own use. When a lender issues a personal housing loan, the borrower must provide a guarantee. If the borrower fails to repay the due principal and interest of the loan on time, the lender has the right to dispose of its collateral or pledge according to law, or the guarantor shall be jointly and severally liable for repaying the principal and interest.
Article 3 These Measures shall be implemented after being approved by the People's Bank of China.
What are the main conditions of Dalian provident fund loan?
Dalian provident fund loan to purchase commercial housing application conditions:
1. The borrower must open an individual housing provident fund account for 90 days, calculate forward from the date of applying for provident fund loans, and pay the housing provident fund on time, in full and continuously for more than 3 months.
2. I or my spouse, parents and children buy commercial housing in this city, and the purchase behavior occurs within one year.
3. The borrower has no provident fund loan being repaid. The borrower and spouse have good credit, and no more than 2 housing loans are being repaid (inclusive).
4. You can apply for mortgage loans with the relevant procedures for purchasing commercial housing and the self-raised funds in a specified proportion.
5. The borrower, purchaser and mortgagor (including spouse) shall have full capacity for civil conduct.
6. Meet other conditions stipulated by laws, regulations and rules.
Note: If the borrower fails to pay the housing provident fund for more than 65 consecutive days (including 65 days), the loan will not be granted.
Extended data
Dalian housing provident fund loan processing flow:
1. Acceptance: The borrower fills in the loan application form and authorizes the borrower and his spouse to inquire about the credit information system. After verifying that there are no bad loans or bad credit records in the provident fund center, they will submit the materials needed for the loan to the provident fund center.
2. Examination and approval: After examining the complete application materials submitted by the borrower, the provident fund center will determine the amount and duration of the provident fund loan. If the borrower applies for a portfolio loan, the provident fund center will print the portfolio loan contact form after examining and approving the loan amount and term, and submit it to the borrower for commercial loan at the portfolio loan bank. After the portfolio loan is completed, relevant materials will be submitted to the provident fund center. The provident fund center signs a loan contract with the borrower.
3. Mortgage registration: The handling personnel of the center shall go through the mortgage pre-registration formalities with the real estate transaction registration management department with the relevant written documents of mortgage registration, and hand over the mortgage pre-settlement materials to the provident fund center.
4. Lending: After receiving and verifying the mortgage registration information, the provident fund center entrusts the bank to transfer the provident fund loan funds into the bank account designated by the seller.