The second mortgage, all the full purchase contract can be applied. The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. Legal basis: Article 395 of the Civil Law of People's Republic of China (PRC), the following properties that the debtor or a third party has the right to dispose of can be mortgaged: (1) buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together. Article 399 The following properties may not be mortgaged: (1) Land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.

Can the house purchase contract be mortgaged?

"The purchase contract can be mortgaged. The process of handling the second mortgage of the house is as follows: 1. With the consent of the bank, the buyer and the seller conduct real estate transactions and sign a purchase contract or letter of intent; 2. Apply for a loan from the bank and submit relevant materials; 3. The bank conducts credit investigation and review on the borrower, and the seller pays off the difference between the loan amount and the loan principal and interest owed by the seller; 4. The borrower entrusts the bank to handle the formalities of real estate transaction transfer, mortgage registration and real estate insurance with the seller; 5. After obtaining the land and house property right certificate, the bank will transfer the loan funds to the mortgage loan account and related accounts of the seller at the original loan outlets to repay the mortgage loan principal and interest owed by the seller.

According to Article 563 of the Civil Code of People's Republic of China (PRC), the parties may terminate the contract under any of the following circumstances:

(a) the purpose of the contract cannot be achieved due to force majeure;

(two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit. "

legal ground

Article 563 of the Civil Code of People's Republic of China (PRC) is under any of the following circumstances, the contract shall be terminated according to law, and the parties may terminate the contract: (1) the purpose of the contract cannot be achieved due to force majeure; (two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.

Can I only use the house purchase contract to mortgage the loan?

The purchase contract cannot be used for mortgage loan. Housing loan requires housing loan certificate, but only the purchase contract cannot be used for housing loan. The purchase contract can only prove that you paid the fee, but can't prove the ownership of the property. When handling housing loans, there are certain requirements for the house.

First, what should I pay attention to in real estate loans?

1. The property mortgage needs to be the property in the borrower's name. If it is owned by a third party, it shall issue a statement that * * * someone agrees to the mortgage loan at the time of mortgage.

2. If the marriage relationship provided proves divorce, a divorce agreement or judgment shall be provided; If you are single after divorce, you need to prove that you have not remarried after divorce.

It is necessary to clarify the purpose of the loan. Mortgage is generally used for decoration, study abroad, purchase of large household durable consumer goods and other consumer items. If consumers use mortgage funds in violation of regulations, they may be recovered by banks, so consumers must pay attention to policy risks.

4. Houses with outstanding loans cannot apply for mortgage loans. That is to say, when the house is in a loan state, its housing mortgages is actually in the hands of the bank, and the borrower enjoys the right to use it, but does not enjoy full property rights, and cannot apply for mortgage again.

5. Small property houses have no right to trade real estate mortgage loans. This is because small property houses actually have no property rights. If you encounter a policy land use plan, it may disappear, so financial institutions will not mortgage such properties.

Second, what is the use of buying a house contract?

1, housing loan.

Most buyers choose to buy a house through loans, but banks need buyers to provide a lot of information when handling loans. If the buyer is the purchase period, it also includes the purchase contract. The original purchase contract can protect the legitimate rights and interests of buyers and sellers, and the disputed contract terms can be used as evidence. Generally speaking, there are four purchase contracts, two for developers, 1 for housing management department and 1 for buyers, so buyers must take good care of their own purchase contracts.

2, affect the handling of property rights certificates.

There are a lot of materials to be provided for the residence production certificate. For example, the full purchase receipt, house deed tax payment certificate, house plan, applicant's ID card, etc. Among them, buyers are required to provide purchase contracts. Otherwise, buyers may face the situation that they cannot obtain the real estate license. If it affects the handling of the real estate license, it may affect a series of follow-up work such as the transfer of the account of the purchaser.

3. Rights and interests are not guaranteed.

The purchase contract is concluded according to the wishes of the buyers and sellers, which can protect the rights and obligations of the buyers and sellers. When one party has problems, the sales contract can represent the written commitment of both parties, or it can be solved reasonably through negotiation. For example, when there is a quality problem in the house, or when a guarantee clause needs to be agreed in the contract. If there is no purchase contract, it is difficult for buyers to entrust developers to handle it, and it is also difficult to ask developers for compensation.

Can the house purchase contract be mortgaged in the bank?

1. No, the mortgage loan can only be handled with the real estate license, and the mortgage loan can be based on the contract. Mortgage loan requires original documents such as real estate license, ID card, household registration book, marriage certificate/unmarried certificate, loan use information, etc.

Second, mortgage loans are divided into two forms: maximum mortgage and traditional mortgage. Maximum mortgage means that the mortgagor and the mortgagee agree to guarantee the creditor's rights that occur continuously for a certain period of time with collateral, which is a new mortgage system different from the traditional mortgage system. Compared with the traditional mortgage system, the difference lies in:

The creditor's rights secured by the maximum mortgage are uncertain creditor's rights;

The creditor's rights secured by the maximum mortgage are usually future creditor's rights;

The maximum amount of mortgage must be reserved for the burden exceeding the maximum amount;

The maximum mortgage shall not be transferred with the transfer of the principal creditor's rights. Although the maximum mortgage is more independent than the traditional mortgage, it still belongs to the collateral, and its establishment mode and effect are not essentially different from the traditional mortgage.

Can the house purchase contract be mortgaged?

Legal analysis: Under normal circumstances, if a house only has a purchase contract, it is not allowed to apply for a mortgage loan. If you want to apply for a mortgage loan, you must have a real estate license before you can apply for a mortgage loan. If you don't have a real estate license, you can't apply for a mortgage loan. However, since the house is a mortgage house, you can apply for a mortgage in the bank without a real estate license. In addition, the full purchase contract can be mortgaged.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 397 Where a building is mortgaged, the right to use the construction land within the occupied area of the building shall be mortgaged together. Where the right to use construction land is mortgaged, the buildings on the land shall be mortgaged together. If the mortgagor fails to jointly mortgage in accordance with the provisions of the preceding paragraph, the mortgaged property shall be regarded as joint mortgage.

Article 401 The mortgagee and the mortgagor agreed that when the debtor fails to perform due debts, if the mortgaged property belongs to the creditor, it can only be paid in priority according to law.

Article 402 Where the property specified in Items 1 to 3 of the first paragraph of Article 395 of this Law or the building under construction specified in Item 5 is mortgaged, the mortgage registration shall be handled. The mortgage is established at the time of registration.