Private mortgage loans that meet the conditions prescribed by law are legal. Civil mortgage loans, collateral is real estate, mortgage registration procedures should be handled, mortgage right is established at the time of registration. Collateral is movable property, and the mortgage right is established when the mortgage contract takes effect. Legal basis: Article 400th of the Civil Code of People's Republic of China (PRC) establishes mortgage, and the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee. Article 402 Where 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. The mortgage is established at the time of registration. Article 403 Where a chattel is mortgaged, the mortgage right shall be established when the mortgage contract comes into effect; Without registration, you may not be able to fight well-intentioned third parties.
What are the provisions of the Civil Code on housing mortgage loan?
What are the procedures for housing mortgage loan? (1) The borrower fills in the Application for Mortgage of Residential Houses and submits the following supporting materials to the bank: 1. The borrower's fixed income certificate issued by the borrower's unit; 2, the loan guarantor's business license and legal person certificate and other credit documents; 3. The borrower's legal and valid identity certificate; 4, in line with the relevant laws and regulations of the housing ownership certificate or proof that I have the right to control the housing; 5. Appraisal report, appraisal report and insurance documents of the mortgaged property; 6, the purchase and construction of housing contracts, agreements or other documents; 7. Other documents or materials required by the lending bank. (two) the bank examines the borrower's loan application, purchase contract, agreement and related materials. (3) The borrower shall hand over the certificate of mortgaged property and the insurance policy or securities to the bank for safekeeping. (4) The guarantors of both borrowers and borrowers 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 loan expires, the borrower must apply to the bank in advance according to the loan contract, and repay the loan at the designated accounting counter after it is approved by the bank. 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.
Automobile mortgage laws and regulations
Legal analysis: the mortgage of creditor's rights is only effective under the provisions of the civil code. In order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property, but mortgages the property to the creditor. If the debtor fails to perform the due debt, or the creditor has the right to receive priority compensation for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Automobile belongs to movable property and can be used as the subject matter of creditor's rights mortgage.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) Buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) 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. The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.
Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it is not exercised, people will not be protected.
What are the legal provisions of real estate mortgage loan?
Real estate mortgage refers to the behavior that the mortgagor provides the mortgagee with the debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law. Property mortgage generally needs to meet the following conditions: 1. The actual age of a natural person with full capacity for civil conduct on the loan maturity date is generally not more than 65 years old; 2. Have legal and valid identification (resident ID card, household registration book or other valid identification) and proof of marital status; 3. Have good information records and willingness to repay; 4. Have a legitimate occupation and a stable source of income, and have the ability to repay the principal and interest of the loan on a regular basis; The prescribed listing and trading conditions can enter the real estate market without any other collateral. 5. Not included in the local urban transformation plan, there are real estate warrants and land warrants issued by the real estate department and the land management department; 6. There is a legal and valid house purchase contract under 10 years, and the down payment of not less than 30% of the total house purchase price has been paid or paid; The original housing mortgage loan that has been purchased and applied for has been repaid for more than one year, and the balance of the above loan is less than 60% of the value of the mortgaged house, and the mortgaged house has obtained the ownership certificate. 7. The borrower has a legal and effective purchase contract or agreement; 8. There is an effective guarantee recognized by the lender. Article 397 of the Civil Code stipulates that if a building is mortgaged, the right to use the construction land occupied by the building shall be mortgaged together. Where the right to use construction land is mortgaged, the buildings on the land shall be mortgaged together. If the mortgagor fails to jointly mortgage in accordance with the provisions of the preceding paragraph, the mortgaged property shall be regarded as joint mortgage.
Legal problems of mortgage loan
(1) The type, amount, term, purpose, interest rate and repayment method of each loan shall be subject to the loan receipt. (2) When the borrower fails to repay the loan on schedule as agreed in the contract, the mortgagor has the right to price, auction, purchase or otherwise dispose of the collateral in accordance with Chinese laws and regulations, and the proceeds will be paid in priority. (3) the borrowing rate. There is no fixed interest rate for one year or the interest rate during the execution of the contract. (4) The borrower shall provide the loan on schedule and according to the amount on the premise of fulfilling the obligations agreed in this contract and completing the legal and effective loan mortgage guarantee according to the requirements of the lender. (5) If the borrower cannot repay the loan on schedule due to special circumstances and needs to extend the loan term, he may apply for an extension. (6) Mortgage registration shall be handled by the borrower. (7) It is unclear whether the maximum mortgage loan contract is a credit contract or a formal contract text. Article 35 of the Commercial Bank Law: Commercial banks should strictly examine the borrower's loan purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval. Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.