Mortgage loan, also known as "mortgage loan". Refers to a loan method adopted by some national banks. The borrower is required to provide a certain amount of collateral as loan guarantee to ensure the repayment of the loan at maturity. Collateral is generally easy to preserve, wear and tear and sell, such as securities, bills, stocks, real estate and so on. After the loan expires, if the borrower fails to repay the loan on time, the bank has the right to auction the collateral and repay the loan with the proceeds from the auction. The balance of the auction money after paying off the loan shall be returned to the borrower. If the auction money is not enough to pay off the loan, the borrower will continue to pay off.
Mortgage and mortgage
The mortgage stipulated in the Urban Real Estate Management Law and the Guarantee Law is somewhat different from that in Hong Kong, that is, the definition of mortgage in these two laws is based on the condition of not transferring possession.
Mortgage means that the mortgagor (buyer) obtains the ownership of the purchased commercial house by installment. There are two meanings for buyers: first, the house payment can be paid in installments within the prescribed time limit; Second, in the installment stage, the ownership of the house is "pressed" and cannot be "uncovered" (taken away) until it is paid in full. In addition, mortgage trading involves three kinds of debt relationships-namely, the relationship between the mortgagor (buyer), the developer (seller) and the mortgagee (usually the relevant bank). Its procedure is that the mortgagor (purchaser) first signs a purchase contract with the developer and prepays part of the purchase price; Then the mortgagor (buyer) signs a mortgage contract with the mortgagee (bank) on the basis of this contract, and the bank pays the rest of the house price to the developer, and the buyer pays the mortgage bank regularly until the "mortgage price" is paid according to the regulations, and the mortgage process is over.
Mortgage loan is a way for the buyer (mortgagor) to borrow money from the bank (mortgagee). That is, the buyer takes the purchased property as collateral, signs a mortgage contract with the bank, and takes the way of not transferring ownership as a guarantee to repay the loan to the bank on schedule. Interest must be paid on this loan. After the buyer (mortgagor) pays off the principal and interest to the bank according to the contract, he can recover the collateral-Property Ownership Certificate and Land Use Certificate. In other words, property buyers do not really own the ownership of the houses they buy before paying off the loans. If the repayment is not made on time, the bank can handle it according to law.
Mortgage loan is a popular way of real estate sales in the world. Although it is different from mortgage loan in nature, it has achieved the same goal in "suppressing the ownership of the house" to ensure the debt performance (installment payment and timely repayment).
Measures for the administration of mortgage loans
In order to better support the development of agriculture, countryside and farmers, build a new socialist countryside, increase the types of loans and ensure the safety of loans. In order to safeguard the legitimate rights and interests of both borrowers and lenders, these measures are formulated in accordance with the relevant provisions of the state.
Article 1 Mortgage loan is a loan method that the borrower is willing to use his own property or the property of a third party as a guarantee when borrowing from the company. When the borrower fails to repay the loan principal and interest at maturity, the Company has the right to dispose of its collateral as repayment of the loan principal and interest and related expenses.
Article 2 To handle mortgage loans, a mortgage loan contract shall be signed on the basis of equal consultation in accordance with relevant state regulations.
Article 3 Scope of collateral: fixed assets (such as houses and other above-ground buildings, vehicles, machinery and equipment, etc.) with legal value and use value; Materials or property that can be circulated or transferred.
If the house purchased under the preferential policies of the state is mortgaged, the mortgage amount shall be limited to the share of the mortgagor's disposition and income; An enterprise as a legal person with an operating period may not mortgage a house beyond the operating period;