The name of the house to borrow a loan is not necessarily written by who, it depends. For example, if the property buyer is a borrower, then the property buyer himself must meet all the loan conditions before he can buy a house and make a loan in his own name. The real estate license is the lender's name. Another situation is that the property buyers themselves do not meet the loan conditions of the bank and choose to assist in repayment, but the name on the real estate license is the buyer rather than the borrower.
If it is a loan to buy a house, the name of the real estate license in mortgage to buy a house can only be handled according to the principle that the borrower signs it, so as to ensure that the signatures on the house purchase contract, loan contract and real estate license are unified. The reason is to avoid the risk of bank loans.
Want real estate * * *, you can apply for * * * property certificate, that is, the name of the mortgage real estate certificate must still be a person's name, and the attached * * * property certificate can legally indicate the ownership of the real estate. * * * Property right refers to the name on the real estate license in mortgage to buy a house or the name of a person, but there is a * * * person's name in the * * * column, and the property right of the house belongs to the same property right, so they can notarize their respective shares in the notary office.
Mortgage purchase conditions:
1; Age 18, with full capacity for civil conduct.
2. Have a stable occupation and income;
3. Has signed a commercial housing sales (pre-sale) contract with the developer;
4. The down payment of more than 20% of the total house price has been paid;
5. Borrower and property * * * Some people are willing to mortgage the house they bought, and handle mortgage registration and property insurance.
Matters needing attention after mortgage to buy a house:
1. Don't use the provident fund before applying for a loan.
If the borrower takes the balance of the provident fund to pay the house payment before the loan, the balance of the provident fund in your provident fund account will be zero, and your provident fund loan amount will be zero, which means you will not apply for a provident fund loan.
Don't forget the tax refund after getting the real estate license.
When purchasing a commercial house, all family members who can be refunded shall be written into the purchase contract as the property owner, and shall be handled immediately after signing the contract and paying the house price; Tax base deduction of personal income tax paid by property buyers; Apply for and get your own; General tax payment book; . You should go to the tax department for tax refund within 6 months after you complete the real estate title certificate.
Don't forget to inform when renting a house after the loan.
When renting a mortgaged house during the loan period, the lessee must be informed of the mortgage facts in writing.
4. Don't repay the loan in advance in the first year.
According to the relevant provisions of provident fund loans, the prepayment should be made after 1 year, and the amount you return should exceed the repayment amount of 6 months.
Don't forget to find the bank around you if you have difficulty in repaying the loan.
Don't insist on it yourself when your solvency drops during the loan period and it is difficult to repay. You can apply to the bank for an extension of the loan period. After investigation by the bank, the bank will accept your application for extending the loan period. However, according to the regulations, the loan term can only be changed once.
6. Don't forget to cancel the mortgage after the loan is paid off.
When you have paid off all the principal and interest of the loan, you can cancel the mortgage with the bank's loan settlement certificate and the real estate certificate of the collateral at the core of the real estate transaction in the district and county where the real estate is located.
7. Don't lose the loan contract and IOUs.
When applying for a mortgage loan, the loan contract and the receipt signed by the bank with you are all important legal documents. As the loan period can be up to 30 years, as a borrower, you should take good care of your contracts and IOUs, and read the terms of the contracts carefully to understand your rights and obligations.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 2 16
Real estate register is the basis of ownership and the content of real right.
The real estate register is managed by the registration agency.
Article 2 17
The certificate of real estate ownership is the proof that the obligee enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail.
Article 406
During the mortgage period, the mortgagor may transfer the mortgaged property. Unless otherwise agreed by the parties, such agreement shall prevail. If the mortgaged property is transferred, the mortgage right will not be affected.
Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, he may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance with the mortgagee. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
Provisional regulations on the registration of real estate
Article 14
Where an application for real estate registration is made for sale or mortgage, both parties shall apply at the same time. In any of the following circumstances, the parties may apply unilaterally:
(a) unregistered real estate for the first time to apply for registration;
(2) Inheriting or accepting bequests to acquire real estate rights;
(three) the establishment, alteration, transfer or elimination of real estate rights by effective legal documents or decisions of the people's government;
(four) the name, ownership or natural conditions of the obligee have changed, and the application for registration of change has been made;
(five) the loss of real estate or the right holder to give up real estate rights and apply for cancellation of registration;
(six) to apply for registration of correction or objection;
(seven) other circumstances stipulated by laws and administrative regulations that can be unilaterally applied by the parties.