Housing loan is actually also called housing mortgage loan, which means that buyers fill in the application form for housing mortgage loan to the loan bank and provide legal materials, such as income proof, ID card, housing contract, guarantee and other required documents. After the loan bank has passed its own examination and approval, it promises the loan to the buyer, and handles the real estate mortgage registration and notarization according to the house purchase contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank will register and notarize the real estate mortgage within the time limit stipulated in the contract.
Can I borrow money from the house sales contract?
Ordinary housing sales contracts, as buyers, can be loaned, usually banks, which are also commonly known as mortgage loans. Choosing a scientific loan method is the key for buyers to meet the rigid demand without affecting the quality of life. General property buyers will choose a combination of provident fund loans and commercial loans, also known as portfolio loans. Legal basis: Article 5 of the Measures for the Administration of Individual Housing Loans requires borrowers to meet the following conditions at the same time: 1. Have permanent residence in cities and towns or valid residence status; Two, a stable occupation and income, good credit, the ability to repay the loan principal and interest; Three, with the purchase of housing contracts or agreements; Four, no housing subsidies to not less than 30% of the total price of the purchased housing as the down payment; If there is a housing subsidy, 30% of the personal commitment is the down payment for the purchase; Five, there are assets recognized by the lender as collateral or pledge, or units or individuals with sufficient compensation capacity as guarantors; 6. Other conditions stipulated by the lender.
Can I get a loan with a house sales contract?
You can't use a house sales contract for a loan, nor can you use a loan to buy a house, but you can apply for personal credit, but you must also have collateral or a guarantor. If you want to do business, you can apply for a loan for small and medium-sized enterprises from the bank.
Article 2 of the Civil Code
Civil law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.
Can commercial housing sales contracts be loaned?
I believe everyone who has bought a house knows that before buying a house, buyers and developers sign corresponding purchase contracts, which is very important for buyers. However, if you want to borrow money in the future, can you borrow money from the commercial housing sales contract?
1, commercial housing sales contracts can't be loaned, but generally only housing property certificates can be loaned. You can't get a loan without a real estate license. The essential material for the real estate license loan is the original real estate license, as follows:
2. First of all, the actual age of a natural person with full capacity for civil conduct on the loan maturity date is generally not more than 65 years old.
3. Secondly, they have a fixed residence in all permanent accounts, a legitimate occupation and a stable source of income, and the ability to repay the principal and interest of the loan on schedule.
4. Willing and able to provide the real estate mortgage recognized by the lender, and the real estate * * * has recognized its loan and guarantee behavior, and is willing to bear relevant legal responsibilities.
The above is the introduction of whether the commercial housing sales contract can be loaned. Therefore, for those who need loans, it is necessary to make it clear that the purchase contract cannot be used for loans, and a real estate license is needed.
Can I buy a house with a house sale contract loan?
Commercial housing sales contracts cannot be loaned, because commercial banks need to strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. The commercial housing sales contract itself cannot be used as a guarantee for the loan.
legal ground
Article 35 of the Commercial Bank Law: Commercial banks should strictly examine the borrower's loan purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval. Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.
Loan house sales contract
With the establishment of people's legal consciousness, contract plays an increasingly important role and is also an important measure to reduce and prevent disputes. Do you know what the main contents of the contract are? The following is a sample loan house sales contract I compiled for you, for reference only, and I hope it will help you.
Party A (Seller): _ _ _ ID number:
Party B (Buyer): _ _ _ ID number:
According to People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Urban Real Estate Management Law and other relevant laws and regulations, on the basis of equality, voluntariness and consensus, Party A and Party B reach the following agreement on Party B's purchase of Party A's private house:
Note: Party A purchased the commercial house by mortgage from Heilongjiang Development Group Co., Ltd. on xx, xx, with a total amount of 488, 104.00 Yuan (in words: four hundred and eighty-eight thousand one hundred and four Yuan only). Party A has paid the down payment of 196, 104.00 Yuan (in words: one hundred and ninety-six thousand one hundred and four Yuan). The remaining RMB 292,000.00 Yuan (in words: RMB 292,000.00 Yuan) was purchased by mortgage from the branch of China Construction Bank Co., Ltd. The loan term is 180 months, that is, 20xxx to 20xxx. As of the signing date of this contract, Party A has paid the loan principal of RMB 69,465,438+08.27, paid interest of RMB 565,438+0329.77, and still owes the bank RMB 222,586,5438+0.73.
After full consultation between Party A and Party B, Party A voluntarily resells the mortgaged house to Party B. Party A and Party B hereby sign the following agreement on the purchase and sale of mortgaged house:
1. The house sold by Party A is located in a house with a building area of square meters.
2. The registration number of the house sold by Party A is "_ _", the number of the Commodity House Sales Contract signed with the developer is _ _ _ _, and the number of the Mortgage Loan Contract signed with China Construction Bank is _ _ _ _.
3. Now Party A resells the above-mentioned mortgaged house to Party B, and both parties agree that the total transfer price is RMB 500,000.00 Yuan (in words: five hundred thousand Yuan).
Four. Before signing this contract, Party B has paid Party A the purchase price of 255,000.00 yuan. From the date of signing this agreement, Party B will repay the bank mortgage arrears of 222,5865438 yuan +0.73 yuan. Party B shall also pay Party A the purchase price of RMB 22,465,438+07.27 on the day of signing this Contract. In addition, through negotiation between both parties, Party B agrees to pay 30,000 yuan to Party A as compensation for Party A's early repayment of bank interest.
5. The land use right of the mortgaged house is obtained by transfer. Once this contract is signed, the land use right within the occupied area of the mortgaged house shall be transferred together with the mortgaged house.
On the date of signing this agreement, Party A will hand over all documents related to the mortgaged house (original house purchase contract, tax bill, payment voucher, etc.). ) and the key of the house to Party B, and Party B begins to occupy and use the house, and the ownership belongs to Party B. The house has been decorated and used by Party A, and the related expenses of water, electricity, property and heating have been settled by both parties.
Seven. From the date of signing this contract, Party B shall start from next month according to the Individual Housing Loan Contract (ContractNo.: _ _ _ _ _). Party A shall provide the bank card and password for the monthly loan of the house, and Party B shall transfer the money to the designated account at the time specified by the bank every month. (Bank: China Construction Bank Branch: _ _ _ _ _ _. Without the authorization of Party B, Party A shall not change the card or report the loss, and has no right to dispose of the funds in the card. Party B shall pay the monthly payment to the bank as agreed, otherwise it shall be deemed as a breach of contract by Party B, and Party B shall pay a penalty of RMB 6,543,800+to Party A..
Eight. When can the house go through the formalities of property right transfer (subject to the notice of the developer, etc.)? ), Party B may choose to repay the bank mortgage loan and interest of the house in advance and go through the mortgage formalities. Party A shall actively handle the title certificate and handle the transfer formalities for Party B within ten days after Party A completes the title certificate. When the house can be transferred, Party B can also choose to temporarily transfer the house to its own name, and then transfer the house to its own name after the bank loan is paid off. No matter when Party B chooses to handle the property transfer registration, Party A must actively cooperate with Party B, otherwise it will be regarded as a breach of contract by Party A, and Party A shall pay Party B a penalty of 6,543,800 yuan.
Nine. Party A shall truthfully inform Party B of the environment, use, internal structure, state, facilities, quality and other present conditions of the house, and shall not conceal anything.
10. Party A guarantees that the above property rights are clear and uncontroversial, and there is no guarantee mortgage or property defect except bank mortgage. If any property right, creditor's rights and debts of Party A are involved, Party A shall be responsible for clearing them up and bear the civil litigation liability, and Party A shall be responsible for compensating the economic losses caused to Party B therefrom.
XI。 Once this contract is signed, it is legally binding on both parties. Before Party B handles the transfer, Party A shall not claim the ownership of the house from Party B, nor publicize the ownership of the house to a third party, nor sell the house again.
12. During the period when Party B pays off the balance, the benefits arising from natural appreciation and depreciation shall be enjoyed by Party B, and the risks shall be borne by Party B, and Party A shall not interfere.
Thirteen. The expenses for handling the above-mentioned property transfer procedures shall be borne by Party A, who shall unconditionally assist Party B in handling the relevant transfer procedures.
14. This contract shall come into effect after being signed and sealed by both parties, and shall be abided by both parties. Matters not covered in this contract can be negotiated separately, and its supplementary agreement has the same effect as this contract after being signed by both parties.
15. This contract is made in duplicate, with each party holding one copy.
Party A (signature and seal):
Address:
Contact telephone number:
Date: _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature and seal):
Address:
Contact telephone number:
Date: _ _ _ _ _ _ _ _ _ _ _ _