Legal analysis: if the loan to buy a house does not meet the loan conditions, the bank usually needs the lender to provide one or more guarantors. When applying for a mortgage, if the lender usually has high income or good daily credit, then the loan is generally easy to get approval. Banks have certain requirements for lenders and guarantors, so lenders can't just find someone to guarantee. The guarantor should have a stable job and income, as well as good personal credit.

Legal basis: Article 68 1 of the Civil Code of People's Republic of China (PRC) is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debt or the circumstances agreed by the parties occur, the guarantor will perform the debt or assume the responsibility.

Do you need a guarantor to buy a house loan? What is the responsibility of the guarantor?

Nowadays, many friends will inquire about buying a house first. In this process, some friends said that they need to find a guarantor for buying a house loan, and some friends said that they don't need a guarantor. Just prepare the materials directly and submit the application for approval. So do you need a guarantor to buy a house loan? What is the responsibility of the guarantor? Let's have a look.

Nowadays, many friends will inquire about buying a house first. First, it is convenient to prepare information in advance. Second, it is also necessary to know how much money you need to prepare. In this process, some friends said that they need to find a guarantor for buying a house loan, and some friends said that they don't need a guarantor. Just prepare the materials directly and submit the application for approval. So do you need a guarantor to buy a house loan? What is the responsibility of the guarantor? Let's have a look.

Do you need a guarantor to buy a house loan?

Generally speaking, when applying for a housing loan, if the borrower has enough income or a good credit record, there is no need for a guarantor, and the loan is generally easier to get approval.

However, if the borrower's income is not enough, or his credit history is not good, and the down payment is not enough, the lending institution will ask the borrower to find a guarantor to personally bear the debt of the house. Common mortgage guarantors include parents as guarantors for children, spouses as guarantors, brothers and sisters as guarantors, or friends as guarantors.

What is the responsibility of the guarantor?

Guarantee law stipulates that

Article 21

The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.

Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

Article 22

During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to bear the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 23

During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.

Article 24

Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 25

Where the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt.

If the creditor fails to bring a lawsuit against the debtor or apply for arbitration during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.

Article 26

If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period.

If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.

Article 27

In accordance with the provisions of Article 14 of this Law, the guarantor guarantees continuous creditor's rights. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.

Article 28

Where the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the guarantee of things.

If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.

Article 29

If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization is invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.

Thirtieth any of the following circumstances, the guarantor shall not bear civil liability:

(a) the parties to the main contract collude to defraud the guarantor to provide a guarantee;

(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.

Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.

The above is the need for a guarantor for buying a house loan today, and what is the responsibility of the guarantor. I hope I can help you. It is not difficult to see from the above article that friends with good reputation and stable income generally do not need a guarantor when they need a loan to buy a house. Only when the credit record is bad and the income certificate can't meet the requirements of the bank will the guarantor be needed to make a loan. As a guarantor, you should also know what responsibilities you need to take before you can make this decision, so as not to bring yourself trouble.

Do you need a guarantor for housing loan?

Whether the mortgage needs a loan guarantor, banks will generally consider the loan risk, mainly depending on the borrower's conditions. For example, the borrower has ideal conditions in all aspects, high income, stable occupation and good credit, and generally does not need to increase the guarantor. However, if the borrower's income is not enough, or his credit history is not good, and the down payment is not enough, the lending institution will ask the borrower to find a guarantor to personally bear the debt of the house.

legal ground

Article 683rd of the Civil Code of People's Republic of China (PRC) shall not be used as a guarantor. An organ as a legal person may not act as a guarantor, except that it uses loans from foreign governments or international economic organizations for lending with the approval of the State Council. A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.

Do you need a guarantor for a single housing loan?

1. Do you need a guarantor for a single housing loan? Loan to buy a house requires a guarantor, but in general, the developer will directly guarantee the owner. Registration conditions: (1) a natural person with full capacity for civil conduct, aged between 18 years old (inclusive) and 65 years old (inclusive); (2) Having legal and valid identification (resident ID card, household registration book or other valid identification) and proof of marital status; (3) Having a good credit record and willingness to repay; (four) a stable source of income and the ability to repay the principal and interest of the loan in full and on time; (five) the commercial housing sales (pre-sale) contract or letter of intent for the purchased housing; (6) Have the ability to pay the down payment of the purchased house; (7) Opening a personal settlement account in our bank; (eight) there is an effective guarantee recognized by the lender; (9) Other conditions stipulated by the bank. Article 187 of the Civil Code stipulates that after the damage occurs, the parties may negotiate the payment method of the compensation fee. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid by installments, but the infringed party has the right to request the corresponding guarantee. Second, the specific process of purchasing a new house in full: 1. First, collect all kinds of information about real estate projects through the media. 2. Through the comprehensive measurement and analysis of their own consumption demand, initially determine a housing purchase framework suitable for their actual needs, and then select and compare with the collected real estate information to determine several alternative projects. 3 through the collection of building materials, telephone consultation or friends familiar with the project, a preliminary understanding of alternative projects. 4. During the field trip of the project, you can invite some friends who know more about architecture and environment to go with you, which will be of great help in choosing a good house. 5. After selecting the project, before paying the deposit, consult the lawyers or knowledgeable friends in the real estate industry about the problems that should be paid attention to when signing the contract. If possible, hire a full-time real estate lawyer to handle it for you, so as to ensure that if you have a relationship with the developer after buying a house, you will not be too passive. 6. After making the above preparations, go to the sales office to pay the deposit (during this period, pay attention to carefully check the "five certificates" and related documents provided by the developer). 7. Pay the goods according to the payment method agreed in the contract. 8. Within the prescribed time limit, the developer shall assist the local real estate transaction management department to handle the pre-sale contract registration procedures and pay stamp duty as required. 9. After the contract is registered, if you need to apply for a house purchase loan, you can start to apply for a mortgage loan. Specific measures can be consulted with relevant departments. 10. After the house is completed and accepted, the developer will provide the Notice of Occupancy and the Notice of repossession, and the sales department, the finance department and the management office of the property management company will gather at the site to handle the owner's occupancy formalities. Mortgage needs effective guarantee, which has nothing to do with whether you are single or not. Husband and wife loans to buy a house also need to provide guarantees recognized by the parties. So in practice, many developers are willing to provide guarantees for the owners of houses, but this is not absolute. If a guarantor is needed, the guarantor shall bear certain joint and several liabilities.

Do you need a guarantor to buy a house loan?

No, it can also be a guarantee company.

Application material

1. The borrower's valid ID card and household registration book;

2, proof of marital status, unmarried need to provide proof of unmarried, divorce need to issue a civil mediation or divorce certificate (indicating that you have not remarried after divorce);

3. If you are married, you need to provide your spouse's valid ID card, household registration book and marriage certificate;

4. The borrower's income certificate (salary income certificate or tax payment certificate for half a year);

5. Real estate title certificate;

6. Guarantor (ID card, household registration book, marriage certificate, etc. Is required)

In order to avoid mortgage risks, general banks need borrowers to provide guarantee certificates from legal persons, other economic organizations or natural persons with sufficient compensation capacity.

If you can find friends or relatives who are willing to provide guarantees and have financial strength, you can issue written documents and credit certificates for the bank. If not, you need to go to a professional guarantee company to provide guarantee. The fee paid at this time is the mortgage guarantee fee.

No, as long as you have the ability to compensate.

Extended data:

Detailed steps

Detailed steps of housing loan process:

1. The borrower shall fill in the Application for Mortgage of Residential Houses before the loan, and submit the following supporting materials to the bank:

The borrower's fixed income certificate issued by the borrower's unit;

Credit certification documents such as business license and legal person certificate of the loan guarantor;

Legal and valid identity certificate of the borrower;

The relevant certificate of the ownership of the house or the certificate that I have the right to the house according to law;

Appraisal report, appraisal report and insurance documents of mortgaged real estate;

Contracts, agreements or other supporting documents for the purchase and construction of houses;

Other documents or materials required by the lending bank.

2. The bank examines the borrower's loan application, purchase contract, agreement and related materials.

3. The borrower shall hand over the title certificate, insurance policy or securities of the collateral to the bank for safekeeping.

4. The borrower and the guarantor of both parties sign the housing mortgage loan contract and notarize it.

5. After the loan contract is signed and notarized, the bank's deposits and loans to the borrower are transferred to the selling unit or building unit specified in the purchase contract or agreement.

6 loan settlement, including normal settlement and early settlement.

① Normal settlement: the loan shall be settled on the loan maturity date (one-time repayment of principal and interest) or the last installment (installment repayment);

② Early settlement: Before the maturity date of the loan, the borrower must apply to the bank in advance for partial or full settlement of the loan according to the loan contract, and the bank will repay the loan at the designated accounting counter after it is approved.

After the loan is settled, the borrower will retrieve the legal documents and relevant supporting documents extracted by the bank with his valid identity certificate and the loan settlement certificate issued by the bank, and go through the mortgage registration cancellation formalities with the original mortgage registration department with the loan settlement certificate.