If the signatory signs as an agent, and there are legal agency procedures, the lender knows it is an agent, and the signatory does not bear legal responsibility, and the actual borrower should be responsible for repayment.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 171 Where an actor has no agency, exceeds the agency or remains an agent after the agency is terminated, it shall not be effective to the principal without ratification by the principal.
The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.
If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies.
If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.
Article 172 If the actor has no agency right, exceeds the agency right or the agency right is terminated, and the counterpart has reason to believe that the actor has the agency right, the agency act is valid.
Is the financial agent ID card mortgage risky?
Yes According to official website's information about loans, ID card mortgage loans of financial agents are risky, and the simple and popular understanding of loans is to borrow money with interest. Loan is a form of credit activity in which banks or financial institutions lend monetary funds at a certain interest rate and must return them.
How to entrust others to handle loans?
Usually, the applicant needs to attend the loan financing business in person. However, some applicants can't handle it in person for various reasons and want to entrust others to handle it. I would like to remind you that it is best to apply for a loan and handle the loan business in person. If you really don't have time or have special reasons, you can entrust it and go to the lending institution in person when you finally sign it. Generally, if the loan is successful, the borrower only needs to go to the lending institution twice and apply for the loan for the first time. If the loan can be approved, the borrower will sign a loan contract with the lending institution for the second time and wait for the loan to be issued. Because the borrower's personal signature is required in the process of handling, the borrower needs to be present in person. Many borrowers often don't quite understand why the signature can't be signed by others. In fact, the reason is very simple because the loan contract, loan application and other documents have legal effect, so once they take effect, the borrower must fulfill the repayment obligation, and in the future, if the borrower fails to repay the loan, he will also bear the corresponding responsibilities. If you want to entrust others to help with the loan business, there are actually two situations: the first is to entrust a professional loan intermediary to help; The second is to entrust individuals to help with loans. But in fact, in both cases, they can only play the role of assisting in handling, and the final signature must be signed by the applicant himself. If you entrust a professional loan intermediary, you must first find a formal loan intermediary. Although the advertisements of loan intermediaries are flying all over the sky now, most of them are informal small intermediaries, and the service quality and safety are not guaranteed, so formal loan intermediaries have corresponding guarantees. Secondly, it should be handled in accordance with standardized procedures, and never resort to fraud for the sake of loans. In order to take shortcuts instead of normal procedures, it is easy to leave hidden dangers and loopholes, ranging from financial losses to lawsuits. After entrusting an intermediary, you must sign a formal contract and communicate in time to ensure the smooth handling process. If it is entrusted to a private person, it may be necessary to issue a legally binding power of attorney, and others will handle the relevant loan procedures on behalf of the applicant. Without this power of attorney, others can't handle things for the applicant. In this case, the best person to entrust must be someone who is familiar with loan-related knowledge and honest and trustworthy. Otherwise, if the other party deliberately sets a trap, it is easy to cause money loss.
Power of attorney for bank loan
The power of attorney is irrevocable, and the client shall not go back on the entrusted matters for any reason. In today's society, will we use power of attorney in many affairs, or are we at a loss about power of attorney? The following is the power of attorney for 10 bank loan that I compiled. Welcome to read the collection.
Power of Attorney for Bank Loan 1
Based on the real transaction between the buyer and the seller about the house (house ownership certificate number and state-owned land use certificate number), the buyer applied for a loan of RMB (in words) and RMB (in figures) from your bank. If your bank approves the loan not higher than the above application amount, the buyer and the seller agree and authorize your bank to transfer the above loan funds into the following account:
Account name:
Bank of deposit:
Account number:
The buyer and the seller promise that if you transfer the loan funds into the above account, it will be deemed that you have issued the loan to the buyer as agreed and the seller has received the loan funds. Both the buyer and the seller understand and voluntarily bear all risks related to the transfer of loan funds to the above account.
If other documents signed by the Buyer and the Seller are inconsistent with this power of attorney, this power of attorney shall prevail.
The authorization and commitment in this power of attorney are irrevocable.
Authorized person (seller):
Name and number of identity document:
Time:
Authorized person (buyer):
Name and number of identity document:
Time: This power of attorney is made in duplicate and kept by the bank.
Bank loan power of attorney II
The specific materials of the loan are generally proof of income, copy of ID card, copy of household registration book, marriage certificate, proof of income, etc. , depending on the specific requirements of the bank.
So is proof of income. General banks have different requirements for models. Just ask the developer for it. They can provide samples.
Model of bank housing loan power of attorney
Note: If the purchaser is unable to sign the house purchase contract and mortgage loan related procedures in person, he/she shall handle the entrustment notarization, and the entrustment contents are as follows: (8 copies are required) (number of copies here. There is no harm in a little more, please consult your developer for details.) Client: XX, gender XX, ID number XX.
Client: XX, gender XX, ID number XX.
Trustee: XX, gender XX, ID number XX.
The above-mentioned client purchased Room X, Building X, Unit X, Building X, Pengcheng Yuan Jie, Pengzhou, and applied for a loan from the bank. Now the trustee is authorized to handle the following matters on his behalf:
1. Sign the purchase contract, the annex to the purchase contract, the house payment, the house delivery and other procedures with the developer of the above-mentioned house in the name of the principal, and sign the loan application, deduction agreement, early repayment and related matters with the designated mortgage bank; Authorize the mortgage bank to inquire about the relevant credit status of customers; Agree to mortgage the above-mentioned house to the mortgage bank of the house;
2. Sign documents or contracts related to guarantee and mortgage registration with Chengdu Housing Property Guarantee Co., Ltd. in the name of the client; Handle all notarization matters required for the above-mentioned housing loan with relevant notarization departments;
3. According to the contents of the Application Form for Change of Record Information of Commercial Housing Sales (Pre-sale) Contract, go to the Housing Authority to modify and change the record registration information of the above-mentioned houses;
Four, according to the "commercial housing sales (pre-sale) contract cancellation application form" to the Housing Authority to cancel the registration information of the above-mentioned housing;
5. Go to the house registration authority to handle, change or cancel the registration procedures of pre-purchased commercial housing and other related matters, and obtain relevant supporting documents;
6. Handling mortgage registration procedures for pre-purchased commercial housing and all related matters;
7. Handle and receive the house ownership certificate, property right certificate, state-owned land use certificate and house ownership certificate of the above-mentioned house, and handle all matters related to mortgage registration;
Eight, handle the mortgage registration change, cancellation, the establishment of a new mortgage registration and all related matters;
9. To handle the establishment and alteration of the mortgagee and all related matters, and obtain the house ownership certificate, the * * certificate and the house ownership certificate of registered mortgage matters;
Ten, the "real estate ownership certificate" or mortgage registration documents delivered to the mortgagee;
Eleven, all matters related to the above-mentioned housing property rights and mortgage registration;
Twelve, the above-mentioned housing loan repayment notice, notice of service and other related documents served on the trustee, as the client received;
Thirteen. Sign for all documents needed to handle the above matters; The documents signed by the trustee to handle the above entrusted matters and all expenses arising therefrom shall be recognized by the client and agreed to bear;
Term of entrustment: until the date of completion of the above matters.
Chapter III of Bank Loan Power of Attorney
Name of authorization (authorization for short):
ID number:
Authorized items:
Authorize the authorized representative to handle all matters related to the enterprise source credit assistance loan of China Development Bank Corporation (except those required by China Development Bank Corporation and its banks to be handled by the authorized person), including but not limited to:
1. Sign, renew and modify the Loan Contract of Corporate Credit Student Loan of China Development Bank Corporation (hereinafter referred to as the Loan Contract) and relevant documents required by China Development Bank Corporation and its banks;
2. With the prior written permission of China Development Bank and its banks, the company shall perform relevant responsibilities according to the loan contract and relevant documents.
Duration of authorization:
This power of attorney shall come into effect upon authorization, authorization and witness.
Representations and warranties:
Authorization statement and guarantee: Without the prior written permission of China Development Bank Corporation and its banks, any authorization matters agreed in this power of attorney shall be handled by either party, and any power of attorney inconsistent with the contents of this power of attorney shall be in conflict with this power of attorney.
Signature:
Authorization (signature and seal):
Authorization (signature and seal):
Witness: (signature) provincial and county (city, district) fund management department (seal):
Period: month
Bank loan power of attorney Chapter 4
Vu Thang Branch of Agricultural Bank of China Co., Ltd.:
Payment method is as follows:
Unit: Yuan
I promise:
I am responsible for the authenticity, accuracy and completeness of the payment information. If you think that the relevant transaction materials and vouchers submitted by our bank are inconsistent with the contract, you have the right to refuse to issue loans. Your bank will not be responsible for my breach of contract or other losses caused by it. If the payment of loan funds fails or is delayed due to the inaccurate or incomplete payment information provided by the borrower, which leads to the breach of contract between the borrower and the counterparty or other losses, the lender shall not be liable.
2. When you pay the loan funds to the above account, it will be deemed that you have issued the loan as agreed in the contract. I understand and voluntarily assume all risks related to the payment of loan funds to the above account.
Three. The authorization and commitment in this power of attorney are irrevocable.
Authorized person (borrower):
Name and number of identity document:
year
moon
sun
Chapter V of Bank Loan Power of Attorney
Customer: ID number:
Agent: ID number:
As I build a house in Lujiao Village, Wude Town Mansion Community, Zhenxiong County, Zhaotong City, Yunnan Province, and borrow money from Wude Branch of Yunnan Rural Credit Cooperative (hereinafter referred to as the loan bank), I need to provide mortgage guarantee to the loan bank, and bear joint and several repayment responsibilities. As I am unable to attend the loan-related procedures, I hereby entrust the above-mentioned agent with full authority to handle the legal affairs involved in the mortgage guarantee of this loan to the loan bank.
The agent's authority is:
1. Negotiate with the loan bank to determine the mortgage guarantee of the loan;
2. Sign mortgage contracts and agreements with loan banks or borrowers, or issue letters of guarantee to loan banks and sign other legal documents related to loan mortgage guarantee;
3. Negotiate with the lending bank and the borrower to determine the extension and extension of loans and guarantees, as well as changes and supplements to the loan contract (agreement) or mortgage contract (agreement).
4. I authorize your bank to inquire my personal credit report through the basic database of personal credit information of the People's Bank of China under the following circumstances related to me: (1) Review my personal loan application; (2) Review my personal guarantee application; (3) Post-loan management of personal loans or personal guarantees in my own name; (4) Accepting loan applications from legal persons or other organizations or acting as guarantors, and inquiring about the credit status of legal representatives or investors. 5. Sign a house credit guarantee with the loan bank;
I recognize the agent's agency behavior and legal documents such as loan contract, mortgage contract, agreement, commitment letter, etc. implemented within the above-mentioned agency authority. As a result of signing, I will bear all legal consequences and responsibilities.
Client: Year Month Day Agent: Year Month Day.
Chapter VI of Bank Loan Power of Attorney
Customer: Name: ID number:
Agent: Name: ID number:
Because I bought the building number of the development project of this real estate company, I need to provide mortgage guarantee to the loan bank, so that I can borrow money from the bank company limited (hereinafter referred to as the loan bank) and bear joint and several repayment responsibilities. I hereby entrust the above-mentioned agent with full authority to handle the legal affairs involved in the mortgage guarantee of this loan with the loan bank. The agent's authority is:
1. Negotiate with the loan bank to determine the mortgage guarantee of the loan;
2. Sign mortgage contracts and agreements with loan banks or borrowers, or issue letters of guarantee to loan banks and sign other legal documents related to loan mortgage guarantee;
3. Negotiate with the lending bank and the borrower to determine the extension and extension of loans and guarantees, as well as changes and supplements to the loan contract (agreement) or mortgage contract (agreement).
4. I authorize your bank to inquire about my personal credit report through the basic database of personal credit information of the People's Bank of China under the following circumstances related to me:
(1) Review my personal loan application;
(2) Review my personal guarantee application;
(3) Post-loan management of personal loans or personal guarantees in my own name;
(4) Accepting loan applications from legal persons or other organizations or acting as guarantors, and inquiring about the credit status of legal representatives or investors.
5. Sign a house credit guarantee with the loan bank; At the same time, your bank is authorized to submit my personal credit information to the basic database of personal credit information of the People's Bank of China.
I recognize the agent's agency behavior and legal documents such as loan contract, mortgage contract, agreement, commitment letter, etc. implemented within the above-mentioned agency authority. As a result of signing, I will bear all legal consequences and responsibilities.
Customer:
Date, year and month
Agent:
Date, year and month
Chapter VII of Bank Loan Power of Attorney
Client: (hereinafter referred to as Party A)
ID number:
Agent: (hereinafter referred to as Party B)
Party A voluntarily entrusts the house located in District (hereinafter referred to as "the house") to Party B to assist in handling individual housing loans, and guarantees that the information provided is true and effective. Clear property rights, no disputes, no mortgage.
Basic information of the house: nature of the house, owner, room type, age, orientation, floor, total number of floors, structure, area (building/use) square meters, and supporting facilities.
Party A entrusts Party B to handle the formal loan of the house. The loan amount applied by Party A is RMB (in words) ten thousand Yuan, and the loan term is. The loan amount and loan life are subject to the final approval result of the bank)
Loan agreement:
I. Responsibilities of both parties
Party A's responsibilities:
1. Party A voluntarily entrusts Party B to provide housing services for the house. And voluntarily entrust Party B to the appraisal company designated by the loan bank to appraise the house.
2. Party A guarantees that all the information and certificates provided are true, reliable, legal and effective. If the loan bank, Housing Authority and other relevant departments investigate that the materials and certificates provided by them are untrue or the loan is unsuccessful due to insufficient credit, Party A shall bear the corresponding responsibilities and economic losses, and the service fee charged by Party B will not be refunded.
3. Party A shall go through the loan formalities at the designated bank on time as agreed, otherwise, Party A shall bear the responsibility of extending the loan.
4. Party A shall pay the entrusted service fee to Party B as agreed.
5. Party A needs to pay other expenses required by the bank according to regulations, such as insurance premium or guarantee fee. In the process of handling the loan, if Party A encounters the adjustment of bank policy, Party A shall implement it according to the adjusted policy.
6. For the economic losses caused by Party A's provision of false information or untrue transactions, Party B has the right to pursue its legal responsibilities and demand compensation according to the seriousness of the case.
7. Party A must strictly fulfill this power of attorney and the Personal Housing Mortgage Loan Contract signed with the bank.
8. Party A shall assist Party B in handling relevant formalities such as property right transfer, bank loan and mortgage registration. If the above procedures cannot be handled smoothly due to Party A's reasons, Party A shall bear the responsibilities.
9. If this agreement cannot be performed effectively, on time and continuously due to Party A's reasons, all expenses and losses arising from handling the housing loan shall be borne by Party A, and the entrusted service fee charged by Party B shall not be refunded.
Party B's responsibilities:
1. Party B shall properly keep all kinds of materials and personal information provided by Party A. If it is lost, Party B will bear corresponding responsibilities.
2. Party B shall not maliciously use all kinds of materials and personal information provided by Party A, if any, Party B will bear corresponding legal responsibilities.
3. If this contract cannot be performed effectively, on time and continuously due to Party B's reasons, Party B will refund the entrusted service fee.
4. Party B shall strictly perform this power of attorney and assist Party A in handling the housing loan.
(In case of force majeure or government policy adjustment, which makes it impossible to continue or unnecessary to perform, this power of attorney will be automatically dissolved, and both parties will not be liable for breach of contract. )
II. Agreement on entrustment fee
1. Party A shall pay the entrusted service fee (%of the actual loan amount as the entrusted service fee) and the appraisal fee (%of the total value of the house) to Party B before, and provide various relevant certificates and vouchers. (If Party A needs Party B to pay for it, Party B will charge Party A% of the advance amount), and Party A will pay Party B the commission service fee when signing this power of attorney.
2. Party A shall pay the appraisal fee of the house to Party B before, and provide all kinds of relevant certificates and vouchers. The remaining entrusted service fee (%of the actual loan amount) shall be paid to Party B within three days after the house acceptance.
Three. Other agreed matters or supplements.
Party B shall sign it after examination and approval.
Signature (seal) of Party B:
Handler: Contact Address: Tel:
Date of signature: year month day.
Chapter VIII of Bank Loan Power of Attorney
Client: _ _ _ _ _ _ _ _ (gender), born on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Born in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Trustee: Born in \ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
1. Go through all prepayment procedures and get the mortgage cancellation certificate. The mortgage department (or guarantee department) goes through the mortgage cancellation procedures of the property and signs relevant legal documents.
2. Sign the house mortgage contract, go through the house mortgage formalities with the house mortgage department, obtain the certificate of other rights, obtain the ownership certificate of the mortgaged house, and sign the relevant legal documents.
3. Go to the real estate mortgage department to handle the mortgage cancellation procedures of the real estate and sign relevant legal documents.
4. Obtain the house ownership certificate after the above mortgage cancellation.
5. Sign house sales contracts, and handle all matters related to house sales, such as property right transaction, name change, transfer, file search, etc.
6. The trustee has the right to answer the above-mentioned property right (or mortgage) registration inquiry record instead of the principal and sign the property commitment letter instead of the original owner.
7. If the address and area of the above-mentioned property are inconsistent with the actual situation, the trustee has the right to change it on his behalf and obtain the house ownership certificate and deed certificate after the address and area are corrected.
8. On behalf of the property, handle the formalities for renaming the property land use certificate and sign relevant documents.
9. Pay all kinds of taxes and fees generated in the process of real estate transaction to the local tax authorities, sign and confirm the tax receipts such as deed tax, business tax, individual tax and stamp duty, and handle and receive the real estate deed certificate at the same time.
10. Go through (or give up) all the formalities for supervising the funds of the second-hand house of the property and sign relevant legal documents.
1 1. Handle the loss reporting and re-registration procedures of house ownership certificate, property certificate and land use certificate on behalf of.
12, and handle the renaming procedures of indoor water, electricity, gas, cable (digital) TV, broadband network, telephone, property, heating and other supporting facilities of the property.
13. Assist the buyer to handle the bank transaction loan (or housing provident fund loan) of the property on his behalf, and assist the buyer to handle the mortgage (guarantee) formalities of the property at the property mortgage department (or guarantee department), obtain the certificate of other rights, and sign relevant legal documents.
14. Pay various fees, open a bank loan account, collect bank loans and collect house payment.
15. If the above-mentioned property is relocated, the trustee has the right to handle the relocation (relocation) procedures and related matters for the client, sign an agreement, open a bank account and receive relocation compensation.
16. Go to the real estate department to handle all the formalities of non-financial mortgage of the property and sign relevant documents.
17. The trustee can handle all unfinished matters related to the above real estate sale. This authorization is the true meaning of both of us. We agree to all legal documents signed by the trustee in the process of handling the above entrusted matters, and bear the corresponding rights and obligations arising therefrom.
Term of entrustment: from now until the above entrustment is completed. The trustee has no right to entrust.
Customer:
Customer:
_ _ _ _ _ _ _ _ _ _ _
Chapter 9 of Bank Loan Power of Attorney
Customer: ID number:
Agent: ID number: As I build a house in Lujiao Village, Gongguan Community, Wude Town, Zhenxiong County, Zhaotong City, Yunnan Province, and borrow money from Wude Branch of Yunnan Rural Credit Cooperative (hereinafter referred to as the loan bank), I need to provide mortgage guarantee to the loan bank, and bear joint and several repayment responsibilities. As I am unable to attend the loan-related procedures, I hereby entrust the above-mentioned agent with full authority to handle the legal affairs involved in the mortgage guarantee of this loan to the loan bank. The agency authority of the agent is: 1, and the mortgage guarantee of the loan is determined through consultation with the loan bank;
2. Sign mortgage contracts and agreements with loan banks or borrowers, or issue letters of guarantee to loan banks and sign other legal documents related to loan mortgage guarantee;
3. Negotiate with the loan bank and the borrower to determine the extension and extension of loans and guarantees and the loan contract (agreement).
Discussion) or mortgage contract (agreement) changes, supplements and other matters.
4. I authorize your bank to handle it through the People's Bank of China under the following circumstances related to me.
Query my personal credit report in the basic database of personal credit information;
(1) Review my personal loan application;
(2) Review my personal guarantee application;
(3) Post-loan management of personal loans or personal guarantees in my own name;
(4) Accepting loan applications from legal persons or other organizations or acting as guarantors, and inquiring about the credit status of legal representatives or investors.
5. Sign a house credit guarantee with the loan bank;
I recognize the agent's agency behavior and legal documents such as loan contract, mortgage contract, agreement, commitment letter, etc. implemented within the above-mentioned agency authority. As a result of signing, I will bear all legal consequences and responsibilities.
Customer:
Date, year and month
Agent:
Date, year and month
Power of Attorney for Bank Loan 10
Customer: Name: ID number:
Agent: Name: ID number:
Because I bought the building number of the development project of this real estate company, I need to provide mortgage guarantee to the loan bank, so that I can borrow money from the bank company limited (hereinafter referred to as the loan bank) and bear joint and several repayment responsibilities. I hereby entrust the above-mentioned agent with full authority to handle the legal affairs involved in the mortgage guarantee of this loan with the loan bank. The agent's authority is:
1. Negotiate with the loan bank to determine the mortgage guarantee of the loan;
2. Sign mortgage contracts and agreements with loan banks or borrowers, or issue letters of guarantee to loan banks, and sign and
Other legal documents related to loan mortgage guarantee;
3. Negotiate with the loan bank and the borrower to determine the extension and extension of the loan and guarantee and the loan contract (agreement).
Or changes and supplements to the mortgage contract (agreement).
4. I authorize your bank to use the People's Bank of China for personal use in the following circumstances related to me.
Inquire about my personal credit report in the basic database of credit information;
(1) Review my personal loan application;
(2) Review my personal guarantee application;
(3) Post-loan management of personal loans or personal guarantees in my own name;
(four) to accept the loan application of a legal person or other organization or as a guarantor, and to inquire that I am the legal representative or
The credit status of investors.
5. Sign a house credit guarantee with the loan bank;
At the same time, your bank is authorized to transfer our personal credit information to the basic data of personal credit information of the People's Bank of China.
Library submission.
The agency behavior carried out by the agent within the above-mentioned agency authority and the loan contract or mortgage signed thereby.
I recognize this contract, agreement, letter of commitment and other legal documents, and I will bear the legal consequences and responsibilities.
Customer:
Date, year and month
Agent:
Date, year and month
Can I entrust someone else to sign a bank loan?
Bank loans can be signed by others. If the borrower is unable to be present due to special circumstances, he may be granted the right of agent. In this case, the agent can also run the signature, but he can't sign it without authorization.
It is suggested that I go through a series of procedures and sign the bank loan to prevent unnecessary problems in the future. Some banks stipulate that others cannot sign for it, which shall be subject to the actual regulations of the handling bank.
After handling the bank loan, you need to repay it on time to avoid overdue and bad records on personal credit.