Hello, the residential real estate mortgage department will answer your questions.

Obviously, you have agreed to go with him. If he has the ability to repay the bank money on time, it is only temporary, no problem. If you think he is incompetent, I suggest not letting him do it. If he doesn't pay back the money, the bank will apply to seal up your house and then auction it (whether in the bank or in private lending).

Second, how to transfer the house by loan?

Disposal of loan real estate

1. Subprime mortgage

A simple and direct way, in the sale of second-hand housing, is to sell or transfer personal housing to a third party, apply for personal housing loans or change collateral.

2. The seller pays off the remaining loan with the bank loan.

If the buyer doesn't want the property, the seller can use the bank loan to pay the remaining loan. But only if the seller has it. In this way, the seller can borrow a certain amount of money from the bank to pay off the real estate loan he wants to sell, which promotes the known method that the seller pays off the loan first and then transfers the ownership with the buyer, so that the buyer does not have to bear the risk of foreclosure.

3. Pay off the remaining loans with the down payment of the buyers.

This is the current application mode of second-hand housing transactions. This method is suitable for the case that the original owner's loan amount is low or the remaining loan amount is small after a large amount of repayment. Usually 30% to 40%, the seller can pay off the remaining loan and then cancel the property.

"Re-mortgage" refers to individual housing loans. Personal housing loan refers to a loan that has been used in a bank or sold or transferred to a third party within the loan period of personal housing loan and applied for personal housing loan to change the loan period, change the borrower or change the collateral.

According to professionals, "re-mortgage" means that the borrower sells the house as collateral, and the buyer of the house continues to repay the unexpired loan of the seller with the consent of the loan bank. Simply put, it is to buy and sell the house that is still mortgaged. There are still two situations for the buyer of the house: point-to-point mortgage and inter-bank mortgage. Because the buyer's credit, strength, and purchase funds are different, they can repay according to their own needs. In practice, the seller repays the loan in advance, and the outstanding loans are inconsistent.

The borrower who has transferred the personal housing mortgage loan needs to transfer the property to others before the loan is paid off, but applies to the bank to transfer the property to the transferee, and the transferee continues to repay the loan or reapply for the mortgage loan.

3. What kind of risk will I take if others use their own house as collateral and borrow money in my name?

You will have some difficulties in getting a loan in the future, because the loan is in your name, and in principle you will pay it back. For this reason, you borrowed twice in name, and the bank will think that your repayment ability is insufficient, and the bank will think that the risk of lending to you is greater. According to relevant regulations, the owner of the collateral can be the borrower himself or others. Where the borrower uses another person's house as a mortgage loan and another person's property as a mortgage, the mortgagor shall issue a written commitment to allow the borrower to apply for a loan with his property as collateral, and ask the mortgagor, his spouse or other property owners to sign it. Moreover, the mortgaged property must meet the following four conditions: 1, the age of the house ≤ 15 2, no debt 3, clear property rights, real estate license and land use certificate 4, and the location of the house is local. When the borrower can't repay the loan, you pay the outstanding loan for him. At this time, your repayment obligations are interrelated. If a person can't repay, you need to take responsibility, which is very risky. Under certain circumstances, don't mortgage your house and lend it to others at will. In real life, buying a house like this should not be a problem. However, this way of buying a house can easily bury hidden dangers in the future. Because the agreement between the borrower and the borrower on the ownership of the house obviously does not meet the effective elements of the real property right stipulated in the property law, the agreement has no effect in the property law. In practical law, if we support the borrower to confirm the legal ownership of his house according to the agreement of buying a house by name, it will violate the jurisprudence of property right change and confuse the relationship between creditor's rights and property right. In this case, the legal "identity" of the borrower is a real "creditor" rather than a real "property owner". Therefore, when one day, both parties ask for confirmation of property rights because of the ownership of the house, you may not get legal support because of insufficient basis. Bottom line: It is very difficult to overturn the records in the real estate register in the lawsuit. The above risks are considered by the individual. After all, there are some risks. Mortgage guarantee means that the debtor or the third party takes property as the guarantee of creditor's rights without transferring the possession of specific things. When the debtor fails to perform the debt, the creditor has the right to discount or give priority to compensation with the property auctioned or sold in accordance with the provisions of the guarantee law. The debtor's behavior of taking his own house, car and other property as the guarantee of his creditor's rights is called mortgage guarantee. As a way of guarantee, China's laws clearly stipulate whether the debtor's related property can be used as collateral and the related mortgage order.

4. Can others handle the loan business with my real estate license and ID card?

Why do you want someone else to handle the loan business with your real estate license and ID card? Your heart is really big. Even if the other party can't handle business, you will have endless troubles as long as you move a little bit. The certificate is lost and can't be replaced. It's no trouble to make it up. Let's just say, if the loan business can be done, who borrowed the money and who paid it back? Is the other party going to take your real estate license and ID card to mortgage the bank loan? Then the payer can only be you. If so, I think your head must have been kicked by a donkey.