Beijing Railway Bureau

Notice on printing and distributing the Measures for the Administration of Personal Housing Guarantee Entrusted Loans in Beijing Railway Sub-center

Jing Tie Jin Fang Han [2004] No.301

Each housing provident fund deposit unit:

In order to solve the housing loan problem of employees in Beijing and standardize the loan management, according to the policies and regulations of Beijing Housing Provident Fund Management Center on individual housing entrusted loans, combined with the actual situation of the sub-center, the Measures for the Administration of Individual Housing Guaranteed Entrusted Loans of Beijing Railway Sub-center were formulated and promulgated. I hope that the housing provident fund managers of all units will do a good job in publicizing the new "Measures".

The Measures came into effect on May 6, 0. (Measures for entrusted loans for individual housing in other regions shall be formulated separately. )

Annex: Measures for the Administration of Personal Housing Guarantee Entrusted Loan of Beijing Railway Sub-center of Beijing Housing Provident Fund Management Center

Beijing Railway Bureau

April 22(nd), 2004

Attachment:

Beijing Housing Fund Management Center Beijing Railway Branch

Measures for the administration of entrusted loans for individual housing guarantees

(May 2004 1 day)

Chapter I General Principles

Article 1 The Beijing Railway Sub-center of Beijing Housing Provident Fund Management Center (hereinafter referred to as the Sub-center) has formulated the Measures for the Administration of Entrusted Loans for Personal Housing Guarantees in Beijing according to the Regulations on the Administration of Housing Provident Funds promulgated by the State Council, the Policy on Entrusted Loans for Personal Housing Guarantees of Beijing Housing Provident Fund Management Center and the Measures for the Administration of Entrusted Loans for Personal Housing of Beijing Railway Bureau.

Article 2 Personal housing guarantee entrusted loans refer to policy personal housing loans issued by sub-centers to employees who entrust banks to use housing provident fund to purchase housing reform houses, fund-raising cooperative housing, affordable housing and commodity housing.

Article 3 The guarantee methods of entrusted loans for individual housing guarantee are divided into: real estate mortgage, pledge of title certificate, guarantee, mortgage plus phased guarantee, etc. When a lender issues a personal housing loan, the borrower chooses different guarantee methods according to the loan amount and the nature of the house purchased. In order to prevent loan risks, Beijing Housing Loan Guarantee Center (hereinafter referred to as the guarantee center) must provide guarantees for loans of more than100000 yuan or the purchase of affordable housing and commercial housing. If the borrower fails to repay the principal and interest of the loan at maturity, the lender has the right to dispose of its collateral and pledge according to law, or the guarantor shall be jointly and severally liable for repaying the principal and interest.

Chapter II Loan Objects and Conditions

Article 4 Loan target: These Measures are applicable to employees who pay housing provident fund in sub-centers.

Article 5 Loan conditions:

1. The borrower must be the purchaser himself and his spouse;

2. The borrower has a certificate of permanent residence or long-term residence in this city and a letter of appointment;

3. Have stable economic income, good credit and the ability to repay the principal and interest of the loan;

4. I and my unit have paid the housing provident fund in full and on time for more than one year;

5. There is a purchase contract or proof of selling a house;

6. Have funds equivalent to more than 20% of the total purchase price of the house and use them as the down payment for the purchase of the house;

7. Meet other conditions stipulated by the sub-centers and lenders.

Chapter III Interest Rate, Amount and Term of Loan

Article 6 The loan interest rate is the policy loan interest rate of housing accumulation fund formulated by the People's Bank of China.

The loan interest rate changes with the change of the national housing provident fund loan interest rate. If the loan term is one year, when the loan interest rate changes, the original interest rate will remain unchanged; If the loan term is more than one year, when the loan interest rate changes, the interest rate adjustment time is the following year 1 month 1 day.

Article 7 The maximum loan amount is 400,000 yuan, which shall not exceed 80% of the total house price. The loan amount is determined according to the borrower's economic income.

Eighth housing provident fund loans for a maximum of 30 years, while the loan period does not exceed the statutory retirement age of the borrower.

Ninth borrowers can only make a second housing provident fund loan after paying off the first loan.

Tenth housing provident fund loan interest: monthly interest settlement.

Chapter IV Loan Handling

Article 11 The borrower shall apply for a loan to the sub-center and fill in the loan application form.

Article 12 Sub-centers shall examine the qualifications of borrowers in accordance with the provisions of these Measures. In the case of confirming that the loan conditions are met, issue relevant materials to the borrower, and inform him of the loan guarantee method, loan handling process and fees to be paid.

Article 13 The sub-center is responsible for the preliminary examination of the relevant information provided by the borrower, and determines the loan amount and term according to the borrower's credit status, economic income, house purchase amount, legal age and other factors.

Article 14 The borrower guaranteed by the guarantee center shall go through the guarantee formalities at the guarantee center with the "Notice of Examination and Approval of Personal Housing Loan Guarantee Application" issued by the sub-center. The borrower shall pay the guarantee fee according to the charging standard stipulated by Beijing Municipal Price Bureau. The guarantee center shall review the legality and reliability of the borrower's house purchase behavior. The borrower shall fill in relevant materials under the guidance of the guarantee center.

Article 15 If the borrower adopts the methods of real estate mortgage plus phased guarantee, real estate mortgage, joint and several liability guarantee and pledge guarantee, the sub-center shall notify the entrusted bank to review and handle relevant procedures after the preliminary examination. The entrusted bank shall examine the borrower's loan amount, loan term and repayment method. Under the guidance of the entrusted bank, the borrower fills in the relevant information and pays the insurance premium and other related expenses.

Article 16 After the borrower guaranteed by Beijing Housing Loan Guarantee Center has gone through the relevant formalities, the sub-center shall notify the entrusted bank to recheck the information provided by the borrower.

Article 17 After being audited by the entrusted bank and the guarantee center, the sub-center shall notify the entrusted bank to lend money.

Article 18 In order to facilitate the borrower to handle the loan, the sub-center may handle the loan formalities at the trustee institution designated by the sub-center according to the borrower's requirements.

Chapter V Mortgage and Guarantee of Loans

Article 19 If the borrower uses the house he has purchased as mortgage for the loan, he must use the full value of the house as mortgage for the loan, and the mortgagor shall sign a written contract with the mortgagee.

Article 20 During the mortgage period, the borrower must properly keep the mortgaged property and be responsible for maintaining and ensuring its integrity. And accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the borrower shall not dispose of it without authorization.

Article 21 During the mortgage period, the mortgagor shall not re-mortgage, transfer, sell or give the mortgaged property without the consent of the mortgagee.

Article 22 A mortgage contract shall come into effect as of the date of mortgage registration, and shall be terminated when the borrower pays off all the principal and interest of the loan. After the mortgage contract is terminated, the parties shall terminate the mortgage right in accordance with the contract. If the real estate is mortgaged, the mortgage cancellation registration shall be handled at the original registration department.

Article 23 A surety and a creditor shall conclude a suretyship contract in writing. If the guarantor changes, it must go through the formalities for changing the guarantee in accordance with the regulations. Without the approval of the lender, the original guarantee contract may not be revoked.

Chapter VI Family Insurance

Twenty-fourth borrowers with real estate as collateral, before signing the loan contract, they need to go through the formalities of household insurance at the insurance institution designated by the entrusted bank. During the mortgage period, the insurance policy shall be kept by the entrusted bank.

Article 25 During the mortgage period, the borrower shall not interrupt or cancel the insurance for any reason; During the insurance period, if the property is damaged due to the fault of the borrower, the borrower shall bear all the responsibilities.

Chapter VII Loan Repayment

Article 26 The principal and interest of the loan shall be repaid by the borrower on a monthly basis in the form of equal repayment. Matching still means repaying the loan principal and interest in equal amount every month within the loan term. If the loan term is one year, the principal and interest can also be repaid in one lump sum.

Article 27 A borrower may repay the loan principal and interest in full in advance. The entrusted bank shall settle the principal and interest in advance according to the loan term.

The borrower may also repay part of the loan in advance, but a written agreement shall be reached with the entrusted bank. The re-agreed repayment period shall not be longer than the original loan period, and the interest rate shall not be adjusted.

Article 28 In case of any of the following circumstances during the loan repayment period, the lender has the right to require the borrower to repay all the loans in advance:

1. The borrower fails to fulfill the repayment obligation for three months;

2. The certificates, materials and other documents provided by the borrower are false;

3. During the repayment period, after the borrower dies or is declared dead or missing according to law, there is no heir or legatee who refuses to perform the loan contract;

4. The mortgagor refuses to restore the value of the collateral;

5. The pledgor disposes of the pledge without authorization;

6. The guarantor's important assets change or lose the guarantee ability.

Article 29 The borrower shall repay the principal and interest of the loan according to the repayment method and time limit agreed in this contract. If the borrower fails to repay the principal and interest in accordance with the provisions of the contract within six months, the entrusted bank may notify the sub-center and the guarantee center after confirming that the borrower fails to fulfill the repayment responsibility. Sub-centers, entrusted banks and guarantee centers will dispose of collateral according to different guarantee methods, or the guarantor will repay the loan principal and interest.

1. The sub-center and the entrusted bank jointly negotiate to dispose of the collateral by means of transfer or auction. Income should be distributed in the following order:

(1) Pay the collateral auction fee and collateral handling fee;

(2) Deducting taxes and fees related to collateral.

(3) Repaying the loan principal and interest and liquidated damages owed by the mortgagor;

(4) The remaining part shall be returned to the mortgagor, and the insufficient part shall be recovered from the borrower until a lawsuit is brought to the people's court.

2. If it is confirmed that the borrower guaranteed by Beijing Housing Loan Guarantee Center fails to fulfill the repayment obligation, the guarantee center will provide joint guarantee.

Thirtieth borrowers can use their housing provident fund to repay the principal and interest of loans two years after the date of lending.

Thirty-first loans overdue collection by the sub-center, the entrusted bank and the guarantee center according to the agreement.

Chapter VIII Other Matters

Article 32 Sub-centers, entrusted banks and guarantee centers shall not refuse to handle loan procedures without justifiable reasons.

Article 33 The entrusted bank shall handle the relevant loan procedures according to the requirements of the sub-center; And assist the sub-center to recover the loan principal and interest; Transfer the recovered loan principal and interest to the sub-center deposit account in time; Regularly provide the sub-center with the borrower's normal repayment, overdue repayment and early repayment.

Article 34 The guarantee center shall regularly provide the sub-center with relevant information on overdue dunning according to the scope of duties.

Article 35 When disputes arise between the parties to a loan contract, they shall first be settled through consultation. If negotiation fails, a lawsuit may be brought to the people's court at the place where the contract is performed.

If one party of the contract requests to dissolve or change the contents and annexes of the contract, it shall notify the relevant parties in writing and reach an agreement on the relevant contents. When both parties fail to reach an agreement, the original contract and its annexes are still valid.

Thirty-sixth sub-centers shall sign entrusted loan contracts and guarantee agreements with the entrusted banks and guarantee centers, and clarify the rights and obligations of all parties. These Measures shall be implemented as of the date of promulgation.

The right to interpret these Measures belongs to Beijing Railway Sub-center of Beijing Housing Provident Fund Management Center.