Letter of credit clause
(1) has legal status;
(2) Have a stable economic income, the ability to repay the principal and interest of the loan, and no bad credit record;
(3) There is a legal and effective purchase contract;
(4) If the newly purchased house is used as the maximum mortgage, it must have a legal and effective purchase contract, the age of the house is within 10 years, and a down payment of not less than 30% of the total price of the purchased house has been prepared or paid;
(5) If a house mortgage loan has been purchased, the original house mortgage loan has been repaid for more than one year, the loan balance is less than 60% of the value of the mortgaged house, and the mortgaged house has obtained the house ownership certificate, and the age of the house is within 10 years;
(6) Being able to provide effective guarantee recognized by the loan bank;
(7) Other conditions stipulated by the lending bank.
Loan application materials
1. real estate license (real estate license and land certificate must be mortgaged to the bank when mortgage the bank loan)
2. Identity cards of the obligee and his spouse
3. Household register of the obligee and spouse
4. Marriage certificate of the obligee (marriage certificate or unmarried certificate issued by the Civil Affairs Bureau)
5. proof of income (this proof has a great influence on the success and maximum amount of mortgage bank loans. )
6. If the property owner has minor children, please provide birth certificate.
7. If there is a bank loan for the property, please provide the original loan contract and the last bank statement.
8. In order to improve the pass rate of mortgage loan, please provide other family property certificates (such as other real estate licenses, stocks, funds, cash passbooks, vehicle driving licenses, etc.) as far as possible. )
2. Can the full house purchase contract be mortgaged to the bank?
Property mortgage requirements: banks accept commercial houses and commercial houses with clear property rights and strong liquidity as collateral. Tips: The following conditions must be met: ① The real estate used for mortgage and the loan agency must be located in the same city, and personal mortgage loans do not accept collateral from different places.
(2) Do not accept the real estate whose appraised present value is less than 654.38 million yuan (inclusive) as collateral;
(3) The property right has been completed, the property right is clear, it can be listed and circulated, the mortgage registration is handled according to law, and there are no unfavorable liquidation situations such as property right disputes;
(4) Strong liquidity, intact real estate structure, complete supporting facilities and services such as water, electricity, environmental protection transportation, urban construction, property management, etc., without problems and defects, which are not within the scope of government planning;
⑤ If the collateral is a commercial house, the age of the house is generally not more than 20 years, and the loan/credit term plus the age of the house is not more than 40 years in principle; If the collateral is a commercial house, the age of the house is generally not more than 20 years, and the loan/credit term plus the age of the house is not more than 30 years in principle.
6. In principle, commercial houses that have been idle for more than 6 months are not accepted as collateral; Whether your property meets the requirements, please contact the personal loan department of local outlets for consultation and confirmation.
Third, the individual housing loan mortgage contract
With the increasing popularity of legal concepts, more and more people mediate civil relations through contracts, and signing contracts can effectively restrain breach of contract. So, have you mastered the format of the contract? The following is a sample of personal housing loan mortgage contract that I compiled for you, for reference only. Let's have a look.
Personal Mortgagor (Party A):
Place of residence: place of residence:
Tel: legal representative (or authorized agent)
Postal code: Tel:
Account opening financial institution and account number: Postal code:
In order to ensure the performance of the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ signed by Party B, Party A voluntarily accepts the property mortgage of Party A.. According to relevant laws and regulations, Party A and Party B reach the following terms through consultation:
Article 1 Party A mortgages the property listed in the List of Mortgaged Property (attached).
Article 2 Property right of real estate mortgage
1. Location of real estate: _ _ _ _ _ _ _ _ _ _ _ _
2. LocationNo.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Land area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Land use years: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. The land comes from _ _ _ _ _ _ _
6. Land transfer (transfer, allocation) ContractNo.: _ _ _ _ _ _ _ _ _
7. State-owned land use certificate number: _ _ _ _ _ _ _
8. Housing construction _ _ _ _ _ _ _ _ _
9.* * * Rights: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
10______________________
1 1. House Pre-sale and Purchase ContractNo.: _ _ _ _ _ _
Article 3 the mortgage situation of real estate mortgage
1. Mortgage _ _ _ _ _ _ _ _ _ _ _ _
2. Mortgaged land area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Appraisal value of mortgaged land: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Mortgaged house: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
___________
6. The total appraised value of the mortgaged house is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7. Total value of real estate appraisal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
8. During the mortgage period, the land use right shall not be transferred, leased or sold.
The guaranteed loan amount (in words) starts from _ _ _ _ _ _ _ _ _ _ _.
Article 5 Party A shall enjoy the ownership of the mortgaged property according to law.
Article 6 On the effective date of this contract, Party A shall submit the ownership certificate of the mortgaged property to Party B. During the mortgage period, Party B shall keep the ownership certificate of the mortgaged property.
Party A takes the purchased forward house as collateral, and delivers the house purchase contract and mortgage registration certificate to Party B for safekeeping from the effective date of the loan contract. After obtaining the house ownership certificate, hand over the house ownership certificate to Party B for safekeeping.
Article 7 Scope of mortgage guarantee: scope of loan guarantee: loan amount (in words) _ _ _ _ _ _ _ yuan and interest, liquidated damages (including penalty interest) and compensation payable by the borrower, and expenses (including attorney fees and legal fees) for realizing the loan creditor's rights and mortgage rights.
Article 8 The validity of this contract is independent of the secured loan contract, and the invalidity of the loan contract does not affect the validity of this contract.
Article 9 All expenses related to evaluation, insurance, appraisal, registration and storage under this contract shall be borne by Party A. ..
Article 10 During the mortgage period, Party A has the obligation to properly keep the collateral intact and accept the inspection of Party B at any time.
Article 11 During the mortgage period, Party A shall handle the property insurance of the mortgaged property, and the first beneficiary of the property insurance shall be Party B. The insurance documents shall be kept by Party B on its behalf.
Article 12 During the mortgage period, if the collateral suffers losses within the scope of insurance liability, or the value of the collateral decreases due to the actions of a third party, the insurance compensation or damage compensation shall be deposited by Party A as the mortgaged property in the account designated by Party B, and Party A shall not use it during the mortgage period.
Article 13 Where the value of the collateral decreases, Party A shall provide Party B with a guarantee equivalent to the decreased value within 30 days.
Article 14 During the mortgage period, without the written consent of Party B, Party A shall not give, sell, lease, transfer, remortgage or dispose of the collateral hereunder in any other way.
Article 15 During the mortgage period, with the written consent of Party B, the proceeds from the transfer of collateral by Party A shall be used to pay off the secured creditor's rights to Party B in advance.
Article 16 After the loan contract expires, if the borrower fails to pay off the debt, Party B has the right to give priority to compensation by discounting the collateral or auctioning or selling the collateral to realize the mortgage right.
Article 17 Under any of the following circumstances, Party B has the right to dispose of the collateral in advance to realize the mortgage right, stop lending or recover the principal and interest of the loan in advance:
1. Party A is declared bankrupt or dissolved;
2. Party A violates the obligations agreed in Article 6, Article 10, Article 11, Article 12, Article 13 and Article 14 of this Contract or other serious breach of contract;
3. During the performance of the loan contract, the borrower dies, is declared missing or loses the capacity for civil conduct, which leads to the invalidation of Party B's loan creditor's rights, the change of loan use and other behaviors that may affect its debt paying ability or lack its sincerity in paying debts.
Article 18 If Party A conceals the existence, dispute, seizure and mortgage of the collateral and causes economic losses to Party B, it shall pay _ _ _ _% of the loan amount under the loan contract to Party B as liquidated damages. If the liquidated damages are not enough to make up for Party B's losses, Party A shall also compensate the insufficient part. Party B has the right to directly offset the above liquidated damages, compensation, loan principal, interest and other expenses for which Party A is not responsible for mortgage guarantee.
Article 19 The proceeds from Party B's disposal of collateral according to law shall be distributed in the following order:
1. Pay the expenses required to dispose of the collateral;
2. Pay off the loan interest owed by the borrower to Party B;
3. Pay off the loan principal, liquidated damages (including penalty interest) and compensation owed by the borrower to Party B;
4. Pay other expenses.
Article 20 During the validity period of this contract, neither Party A nor Party B may alter or dissolve this contract without authorization.
Article 21 Other agreed items: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 22 Any dispute arising from this contract, if no agreement can be reached through negotiation, shall be brought to the people's court where Party B is located. ..
Article 23 This contract shall come into effect as of the date when all mortgaged properties in the List of Mortgaged Properties are registered.
Article 24 The original of this contract is in duplicate, with each party holding one copy. _ _ _ _ _ _ copies.
Party A (seal): _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or individual (signature): _ _ _ _ Legal representative (signature): _ _ _ _ _ _
(or authorized agent)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Personal housing loan mortgage contract model 2 Party A (bank owner)
Party B (Project Party)
In order to support Party B's development projects and assist Party B in raising construction funds, Party A specially arranges funds to handle time deposits in Party B's bank, issue RMB certificates of deposit, and use the certificates of deposit as collateral for Party B to write loans. Through friendly negotiation between both parties, based on the principles of equality, mutual benefit, honesty and credit, the following terms and conditions of the operating agreement are reached for both parties to abide by:
1. Deposit amount: 1000000 yuan, operating in batches, the first batch10000 yuan.
2. Deposit term: three-year fixed term (principal and interest will be charged at maturity).
Three. Beneficiary of deposit: Party A. ..
Four. Handling method: Party A shall provide certificates of time deposits for Party B to make loans in the bank according to normal mortgage procedures for Party B's project construction.
Verb (abbreviation of verb) loan bank: The loan bank arranged by Party B must be a unit with a first-level branch or above (excluding city commercial banks and credit cooperatives).
Financial return of intransitive verbs: Party B shall return 20% of the face value of the certificate of deposit to Party A in one lump sum (the agency fee shall be separately promised).
Seven. Risk Avoidance of Deposit Certificate Pledge: After the RMB large deposit certificate issued by Party A is used to lend money to the bank for Party B, in order to ensure the safety of Party A's funds, the bank that Party B lends money must issue a written "bank commitment letter" to the beneficiary of the large deposit certificate (see annex).
Eight. Recovery of principal and interest: 30 days before the maturity of the certificate of deposit pledged by Party A, Party B shall take the initiative to close the position and repay, release the pledge, and ensure that the beneficiary of the certificate of deposit can withdraw the deposit on time. Regardless of whether Party B repays the loan in time, the beneficiary of the deposit (Party A) will claim the deposit certificate with the written "commitment letter" issued by the loan bank and withdraw the principal and interest of the deposit.
Nine, operating procedures:
(1) Party A and Party B confirm the terms of this operating agreement, and the loan bank applied by Party B confirms to issue a written Letter of Commitment.
(2) Party B submits: 1 to Party A to confirm and sign this Agreement; 2. The "Bank Commitment Letter" is signed by Party B's bank; 3. A copy of Party B's business license; 4, the proposed project feasibility report and approval documents, etc. ; 5. Discount expense voucher.
(3) After Party A accepts it, (Party B's loan subject qualification and loan project feasibility determination shall be examined and confirmed by Party B's loan bank), Party B shall be issued with a bid-winning notice to clarify the specific operation progress and arrangement.
(4) Party B shall arrange Party A's relevant personnel to go to Party B's place according to the place and time notified by Party A. ..
(5) Upon the arrival of Party A's personnel: 1. Check whether the relevant legal texts of Party B's enterprise (business license, enterprise code, tax registration certificate and loan card) are complete; 2. Whether the original and photocopy of the project approval are consistent; 3. Focus on consulting whether the loan bank agrees to handle the deposit and loan in the agreed way, and issue it to the beneficiary of the certificate of deposit according to the sample of "bank commitment letter" provided by Party A. ..
(VI) After verification, Party A will open a special account in the operating bank designated by Party B, and Party B will pay Party A a performance bond at the rate of 5% of the initial operating funds, and the remaining discount will be transferred after the first 1 10,000 yuan of funds from Party A enter the special account; Then Party A handles the transfer.
(7) When Party A handles the transfer: 1. Party B shall pay all one-time discounts to Party A (after deducting the deposit paid); 2. Party A shall cooperate with Party B and the loan bank to issue large deposit certificates and pledge loans according to normal procedures; 3. Party B and Party A will accept the original "Bank Commitment Letter" of the deposit certificate signed by the president and relevant responsible persons in the office of the president of the loan bank before the deposit certificate expires, and give it to the beneficiary of the deposit certificate for holding. All the above links are handled at the same time in the loan bank.
X. During the business operation, Party B shall bear the travel expenses of Party A's relevant personnel, and receive the operating expenses of RMB10,000 yuan from Party B in advance.
XI。 Liability for breach of contract:
(1) After Party A's personnel arrive at Party B's location, if the loan bank fails to handle the deposit and loan business in the manner agreed in this clause, Party A may leave by itself, and the fees paid by Party B will not be refunded.
(2) After Party A's personnel arrive at Party B's place, Party B can handle all matters according to the terms of this agreement, but Party A puts forward any conditions other than the terms of this agreement or fails to receive the payment within three banking days. If the business cannot be carried out, Party A will fully refund the fees paid by Party B. ..
(3) After Party A receives Party B's deposit, if Party B cannot handle it in the way agreed in Item 7 of Article 9 of this Agreement, Party A has the right to withdraw the deposit funds by itself, and the deposit will not be returned.
(4) After receiving the deposit, Party A fails to handle it in the manner agreed in Item (7) of Article 9 of this Agreement, and Party A shall return the deposit to Party B in full.
12. Matters not covered: If there are matters not covered in this agreement, both parties shall negotiate to form a written supplementary agreement, which shall be implemented together with this agreement and have the same legal effect.
Thirteen. This agreement is made in quadruplicate, with each party holding two copies.
This agreement shall come into effect immediately from the date of signature and seal by both parties, and Party B shall pay an operating fee of 300,000 yuan. After the business is executed, it will automatically become invalid.
Signature (seal) of the legal representative of Party A:
Signature (seal) of the legal representative of Party B:
Date, year and month
Model 3 of individual housing loan mortgage contractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Mortgagor (Party A) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account opening financial institution and account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mortgagee (Party B) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative (or authorized agent) _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In order to ensure the performance of loan contract no. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as the loan contract) signed by Party B.
Article 1 Party A mortgages the property listed in the Mortgaged Property List.
Article 2 Property right of real estate mortgage
1. Location of real estate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Land number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Land number
3. Land area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Land use years: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. Land source: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. Land transfer (transfer, allocation) ContractNo.: _ _ _ _ _ _ _ _ _ _
7. State-owned land use certificate number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
8. Building area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
9.*** Rights: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
10. Property ownership certificate number. : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1 1. House Pre-sale and Purchase ContractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 the mortgage situation of real estate mortgage
1. Four boundaries for mortgaging a piece of land: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Mortgaged land area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Appraisal value of mortgaged land: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Mortgaged house: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5. Construction area of mortgaged house: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. The total appraised value of the mortgaged house is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
7. Total value of real estate appraisal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 4 The loan amount secured by Party A's mortgage is (in words) _ _ _ _ _ _ _ _ Yuan, and the loan term starts from _ _ _ _ _ _.
Article 5 Party A guarantees to enjoy the ownership or disposal right of mortgaged property according to law.
Article 6 On the effective date of this contract, Party A shall submit the ownership certificate of the mortgaged property to Party B. During the mortgage period, Party B shall keep the ownership certificate of the mortgaged property.
Party A takes the purchased house as collateral, and delivers the house purchase contract and mortgage registration certificate to Party B for safekeeping on the effective date of the loan contract. After obtaining the house ownership certificate, hand over the house ownership certificate to Party B for safekeeping.
Article 7 The scope of mortgage guarantee: loan amount (in words) yuan and interest, liquidated damages (including default interest) and compensation payable by the borrower, and expenses (including attorney fees and legal fees) for realizing the loan creditor's rights and mortgage rights.
Article 8 The validity of this contract is independent of the secured loan contract, and the invalidity of the loan contract does not affect the validity of this contract.
Article 9 All expenses related to evaluation, insurance, appraisal, registration and storage under this contract shall be borne by Party A. ..
Article 10 During the mortgage period, Party A has the obligation to properly keep the collateral intact and accept the inspection of Party B at any time.
Article 11 Party A shall handle property insurance for the mortgaged property during the mortgage period, and the insurance amount shall not be less than the total loan principal and interest. The first beneficiary of property insurance shall be Party B. The insurance documents shall be kept by Party B on its behalf.
Article 12 During the mortgage period, if the insurance coverage of the mortgaged property is damaged, or the value of the mortgaged property is reduced due to the behavior of a third party, the insurance compensation or damage compensation shall be deposited by Party A into the account designated by Party B as the mortgaged property, and Party A shall not use it during the mortgage period.
Article 13 During the validity period of the loan contract, Party A shall not interrupt or cancel the insurance for any reason, otherwise, Party B has the right to take out insurance on its behalf, and all expenses shall be borne by Party A.. ..
Article 14 If the value of the collateral decreases, Party A shall provide Party B with a guarantee equivalent to the decreased value within 30 days, and go through the insurance formalities according to Article 11 of this contract.
Article 15 During the mortgage period, without the written consent of Party B, Party A shall not give, sell, lease, transfer, remortgage or dispose of the collateral under this contract in any other way.
Article 16 During the mortgage period, with the written consent of Party B, the proceeds from the transfer of collateral by Party A shall be used to pay off the secured creditor's rights to Party B in advance.
Article 17 Where the land use right is mortgaged, Party A shall not add other attachments to the mortgaged land without the written consent of Party B during the mortgage of the land use right; If Party B agrees in writing to Party A to build a fixed attachment, the fixed attachment shall be mortgaged together. Party B agrees to pre-sell the house built by Party A on the land mortgaged by Party A, and the area of the pre-sale house is limited to square meters. Party A shall submit the list of pre-sold real estate rights to Party B for the record. Party B has the right to prevent Party A from continuing to pre-sell the house.
Article 18 After the expiration of the loan contract, if the borrower fails to pay off the debt, Party B has the right to receive priority compensation by discounting the collateral or by auction or sale of the collateral to realize the mortgage right.
Article 19 Under any of the following circumstances, Party B has the right to dispose of the collateral in advance to realize the mortgage right, stop lending or recover the principal and interest of the loan in advance:
1. Party A is declared bankrupt or dissolved;
2. Party A violates the obligations agreed in Article 6, Article 10, Article 11, Article 12, Article 13, Article 14 and Article 15 of this Contract or other serious breach of contract;
3. During the performance of the loan contract, the borrower dies, is declared missing or loses the capacity for civil conduct, resulting in the invalidation of Party B's loan creditor's rights, or the borrower violates the contract stipulated in Item 3 of Article 13 of the Loan Contract.
Article 20 If Party A conceals the existence, disputes, sealing-up, seizure and mortgage of the collateral and causes economic losses to Party B, it shall pay _ _ _ _% of the loan amount under the loan contract to Party B as liquidated damages. If the liquidated damages are not enough to make up for Party B's losses, Party A shall also compensate the insufficient part. Party B has the right to directly offset the above liquidated damages, compensation, loan principal, interest and other expenses for which Party A has not assumed the mortgage guarantee responsibility with the funds in Party A's deposit account.
Article 21 The proceeds from Party B's disposal of collateral according to law shall be distributed in the following order:
1. Pay the expenses required to dispose of the collateral;
2. Pay off the loan interest owed by the borrower to Party B;
3. Pay off the loan principal, liquidated damages (including penalty interest) and compensation owed by the borrower to Party B;
4. Pay other expenses.
Article 22 During the validity of this contract, neither Party A nor Party B may alter or dissolve this contract without authorization.
Article 23 Other agreed matters:
1. Party A voluntarily accepts the compulsory execution in violation of this contract;
2.____________________________________
3.____________________________________
Article 24 Any dispute arising from this contract, if no agreement can be reached through negotiation, shall be brought to the people's court where Party B is located. ..
Article 25 This contract shall come into effect as of the date when all mortgaged properties in the List of Mortgaged Properties are registered.
Article 26 The original of this contract is in duplicate, with each party holding one copy. _ _ _ _ _ _ copies.
Party A (official seal or official seal) _ _ _ _ _ _ _ _ _ _ _ _
Legal representative or individual (signature) _ _ _ _ _ _ _
(or authorized agent)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (official seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative (Signature) _ _ _ _ _ _ _ _ _ _ _ _
(or authorized agent)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Can the house purchase contract be mortgaged?
Can the house purchase contract be mortgaged?
The purchase contract cannot be mortgaged. When handling mortgage loans, the parties need to provide real estate license, land certificate, house purchase contract, mortgage contract, mortgage registration application, ID card and household registration book, marriage certificate, income certificate and other materials.
legal ground
Article 32 of the Measures for the Administration of Urban Real Estate Mortgage
To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority:
(1) The identity certificate or legal person qualification certificate of the mortgagor;
(2) An application for mortgage registration;
(3) mortgage contract;
(4) State-owned land use right certificate, house ownership certificate, or real estate certificate. For some houses, the house ownership certificate and other * * * people's consent to mortgage must also be submitted;
(5) Documents and evidential materials that can prove that the mortgagor has the right to establish mortgage;