There are risks. According to Article 60 of the Urban Real Estate Management Law, "The State implements the registration and certification system for land use rights and housing rights" and Article 9 of the Property Law, "The establishment, alteration, transfer and extinction of real estate rights shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Therefore, the ownership of housing property rights should be based on the real estate license, and the housing property rights should be registered under the name of the nominal property owner.
Buying a house with a loan in the name of others also risks the nominal property owner going back on his word. Once the nominal property owner goes back on his word, it will be difficult for investors to obtain property rights or recover the purchase price if they cannot prove the principal-agent relationship between the two parties and the fact of paying the purchase price.
Pay attention to buying a house with a loan
1, the provident fund will not be used before the loan. If the borrower withdraws the balance of the provident fund savings to pay the house payment before the loan, then the balance of the provident fund in the provident fund account is zero, and the amount of the provident fund loan is also zero, which means that he cannot apply for a provident fund loan.
2. Don't repay the loan in advance within one year. According to the relevant provisions of provident fund loans, part of the prepayment should be made one year after the loan is paid off, and the amount returned should exceed the repayment amount of six months.
Don't forget to find the bank around you if you have difficulty in repaying the loan. When the repayment ability drops during the loan period and the repayment is difficult, don't insist on it yourself. Ordinary customers can apply to the bank to extend the loan period. After investigation by the bank, it is true and there is no default in principal and interest, and the bank will accept the application for extending the loan term.
Can I borrow money to buy a house with someone else's ID card?
Can I borrow money to buy a house with someone else's ID card? According to Bian Xiao, the ID card is the legal identification of every citizen. It is a legal contract for others to borrow money from the bank with your ID card. The parties to the contract are "you" and the bank. According to the principle of relativity of contract, the bank only regards you as the repayment person, so it is suggested not to lend your ID card to others for fear of getting into a lawsuit and damaging your own interests. If someone steals your ID card, you should call the police in time. When buying a house with someone else's ID card loan, the consequences that the individual needs to bear are: 1. The loan did not appear. Usually, without the knowledge of the owner of the ID card, others borrow money with their ID cards. After the loan expires, the bank will come to the door and ask the parties to repay the loan amount; 2. In debt and litigation, if the ID card owner finds that he is not being loaned, but being "loaned", there will be debt, and once the bank finds out, it will take the ID card holder as the defendant, so if the individual is found to be "loaned", it should choose to call the police at the first time; 3. Take the repayment obligation and then recover the loan. If the repayment is not made in time, the bank will go directly to the owner. Usually, due to the lack of strong evidence, the owner of the ID card often loses the case. After losing the case, the ID card owner must first assume the obligation to pay off the debt. If it is not returned in time, the bank will recover the debt. 4. There will be a credit stain. If the actual borrower fails to repay the loan on time, the credit stain will be recorded in the name of the ID card holder.
Can I borrow someone else's name to buy a house?
You can buy a house in someone else's name. Buying a house under the name refers to buying a house in the name of parents, children or others, and the purchase price is paid by the buyer. As real estate, the registration of property rights shall prevail. The nominal property owner sells the property without the consent of the actual property owner, and the buyer buys it at the normal price. The actual property owner can't ask to cancel the transaction.
legal ground
Article 2 14 of the civil code
The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.
Article 2 15
A contract concluded between the parties on the establishment, alteration, transfer and elimination of the real right of immovable property shall come into effect upon the establishment of the contract, unless otherwise provided by law or agreed by the parties; Failure to register the real right shall not affect the validity of the contract.
Can I use someone else's name to buy a house loan?
Certainly not, because it's a mortgage, unless you want to put the house in someone else's name.
The name of the real estate license must be the same as the name of the loan. Even if * * * owns the property right, all property owners are required to go through the loan formalities together.
But you can treat others as * * * borrowers.