1. It is understood that only the property under the purchase contract cannot be mortgaged. This is because, the most basic condition for the real estate used for mortgage loan is that it must have complete double certificates, namely "People's Republic of China (PRC) State-owned Land Use Certificate" and "People's Republic of China (PRC) House Ownership Certificate". To put it simply, the purchase contract is an agreement reached between the buyer and the seller on the sale of commercial housing.
Only the real estate with complete double certificates can go through the mortgage registration formalities, and the lending institution can obtain his right certificate before lending. Without these two certificates, it means that the borrower does not own the full property rights of the house, and such a house cannot be mortgaged. In other words, if there is only a house purchase contract, it is impossible for the lending institution to accept the borrower's mortgage application.
The purchase contract cannot be mortgaged, because the contract has no actual value, and you can only mortgage it in the bank if you get the real estate license.
Two, only the purchase contract can not apply for mortgage loans for the specific reasons are as follows:
1, the title certificate can be mortgaged, because the house purchase contract can't handle other things, so you can't apply for mortgage, but you can apply for a credit loan, the amount is not high and the interest is relatively high.
Under normal circumstances, if a house only has a purchase contract, it is not allowed to apply for a mortgage loan. If you want to apply for a real estate mortgage loan with a house, you must have a real estate license before you can apply for a low mortgage loan. If you don't have a real estate license, you can't apply for a real estate mortgage loan.
Buying an auction house by mortgage means using a contract to borrow money. Second-hand housing should first apply for real estate license, and then transfer loans. Only when you have a house book can you go to credit cooperatives and China Merchants Bank for mortgage loans. Only contracts cannot be used for mortgage loans.
The house purchase contract is an agreement reached between the buyer and the real estate development enterprise on the basis of equality, voluntariness and consensus according to the Civil Code of People's Republic of China (PRC) (202 1. 1), the Law of People's Republic of China (PRC) on Urban Real Estate Management and other relevant laws and regulations.
Third, the legal basis
Article 400 of the Civil Code If the property specified in Items 1 to 3 of the first paragraph of Article 395 of this Law or the building under construction specified in Item 5 is mortgaged, the mortgage registration shall be handled. Article 395 of the Civil Code establishes mortgage registration, the following properties that the debtor or a third party has the right to dispose of can be mortgaged:
(a) buildings and other land attachments;
(two) the right to use construction land:
(three) the right to use the sea area:
(four) production equipment, raw materials, semi-finished products and products:
(5) Buildings, ships and aircraft under construction;
(6) means of transportation;
(seven) other property not prohibited by laws and administrative regulations.
Four, what information is needed for mortgage loan:
(a) the identity card of the applicant and his spouse.
(2) the household registration book of the applicant and his spouse.
(3) The applicant's marriage certificate includes the marriage certificate or unmarried certificate issued by the Civil Affairs Bureau.
(4) proof of the applicant's income
(five) the applicant has other bank loans, but also need to provide the original loan contract and the latest bank statement.
(six) other family property certificates, such as other real estate licenses, stocks, funds, cash passbooks, vehicle driving licenses, etc.
After preparing the above information, the applicant needs to go to the bank to submit a mortgage application.
We know that when handling mortgage loans, the parties must have a purchase contract, but if there is only a purchase contract, it is impossible to handle mortgage loans. At this time, other materials need to be provided, including ID card, household registration book, income certificate and so on.