Legal subjectivity:
1. Does the mortgage loan require two signatures if the real estate certificate is in the name of the couple?
The mortgage loan with the real estate certificate requires the signatures of both parties to take effect. When applying for a mortgage loan, both the property owner and his spouse must be required to sign, because it involves the issue of property distribution between husband and wife. At the same time, after getting married, the house is the same property and the loan is also a joint liability. Both husband and wife are jointly responsible for repayment, so both parties need to sign.
According to the provisions of Article 1064 of the Civil Code, debts borne by both spouses with the same signature or with subsequent ratification by one of the spouses, as well as debts borne by one of the spouses in the Debts borne in an individual's name for the daily needs of the family during the marriage relationship are joint debts of the husband and wife. Debts borne by one spouse in his or her own name beyond the daily needs of the family during the marriage are not joint debts of the couple; however, the creditor can prove that the debts are used for the couple's daily life and production. Exceptions are made for business operations or based on the consent of both spouses.
2. Does a real estate certificate mortgage loan still require bank statements?
Using a house mortgage loan requires bank statements from both husband and wife.
When using a house as a mortgage loan, each lending institution will still consider the borrower's repayment ability when granting the loan. When examining an individual's repayment ability, it will be determined by looking at the individual's income, personal credit, and personal asset status. Personal income is often checked through bank statements. Therefore, even after providing housing-related certification materials, home mortgage loans still require the borrower to provide their own bank statements, income certificates and other materials.
3. What are the risks of real estate certificate mortgage loans?
(1) Default risk
Default risk includes forced default and rational default. Forced default refers to the passive behavior of the borrower. The payment ability theory believes that forced default is caused by insufficient payment ability. This shows that the borrower has the willingness to repay, but does not have the ability to repay. Rational default means that the borrower defaults on his own initiative. Equity theory holds that in a perfect capital market, a borrower can make a decision whether to default or not simply by comparing the unique equity in his house with the size of his mortgage debt. When the real estate market price rises, the borrower can transfer the house to pay off the loan, recover the cost and earn a certain profit; when the real estate market price drops, the borrower actively refuses to default in order to pass on the losses, even if he has the ability to repay. Repayment.
(2) Liquidity risk
This behavior of short-term deposits and long-term loans makes banks’ liquidity very low, which in turn brings liquidity risks. Second, the assets and claims held by banks are difficult to realize, which can easily lead to liquidity risks. As a result, banks may lose more favorable investment opportunities in the financial market and increase losses caused by opportunity costs.
(3) Economic cycle risk
Economic cycle risk refers to the risk arising from the repeated fluctuations in the overall level of the national economy. Compared with other industries, the real estate industry has greater impact on the economic cycle. Higher sensitivity. When the economy expands, residents' income levels increase, the market demand for real estate increases, and the realization of houses is no problem. Banks and individuals are full of optimistic expectations for the future, and the number of housing mortgage loans issued by banks also increases sharply.