According to the relevant regulations, the lender can only apply if there are no illegal acts and bad records (those with bad credit records for more than three times will not be handled), the projects invested by the established economic entities conform to the relevant national laws, regulations and policies and have obtained industrial and commercial business licenses, or the retired military personnel who are unemployed in cities and towns (valid certificates of retirement should be provided), but the loan target must be China citizens with fixed residence, certain labor skills and full capacity for civil conduct.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Interpretation of the National Discount Loan Policy in 2022
Legal analysis: In 2022, the new mortgage regulations are: the minimum down payment for the second suite has been reduced to 40%, and the second-hand house can be exempted from business tax within two years. Following the relaxation of provident fund loans and the joint document issued by the Ministry of Land and Resources, the Ministry of Land and Urban-Rural Development jointly issued a document to stabilize the property market. Recently, a number of ministries and commissions have introduced new easing policies for the property market, and this time the coverage is wider. The minimum down payment ratio of the second home loan is adjusted to not less than 40%, which is 20% lower than the previous period. 1. At present, bank housing mortgage loans are divided into self-owned housing mortgage loans, and the interest rates of the two loans are different. The interest rate of mortgage loan is usually higher than that of self-owned property.
2. The real interest rates implemented by different regions and different banks are also quite different. However, the actual interest rate is generally based on the benchmark interest rate, and it is carried out by floating a certain proportion, which is roughly within the range of 10%-50%.
3. Since the central bank cut interest rates 10 on June 24th last year, the latest benchmark interest rates currently implemented by banks are: 4.35% for loans under one year, 4.75% for loans from one year to five years, and 4.9% for loans over one year. In 2022, banks will also implement this benchmark interest rate. As for the real interest rate of individual housing mortgage loan, banks will generally determine it according to the borrower's comprehensive qualifications and comprehensive housing situation.
Legal basis: Article 1 of the Notice on Issues Related to Individual Housing Loan Policy mentions that the minimum down payment ratio is adjusted to not less than 40% for households that own/kloc-0 apartments and the corresponding housing loans have not been settled, and the specific down payment ratio and interest rate level are reasonably determined by banking financial institutions according to the borrower's credit status and repayment ability.
Please click to enter the picture description (maximum 18 words).
The new policy of second-hand housing loan in China
202 1 The new policy of second-hand housing loan is as follows:
1. The room age cannot exceed 12 years; 2. The sum of service life and loan life cannot exceed 30 years; 3. If the valuation is low, you can't apply for a mortgage; 4. Some banks have put forward apartment requirements for second-hand houses, and small-sized second-hand houses will not be able to apply for mortgages.
Extended data:
1. Judging from the statements issued by several banks, in fact, the suspension of second-hand housing loans is only an individual case in some areas, and it is a suspension, and it is not directly impossible to apply. For example, in Guangzhou, Shenzhen, Huizhou and other places, because there are too many people applying for loans, the bank quota is tightening. In order to avoid exceeding the prescribed red line, the second-hand mortgage will be temporarily adjusted, that is, the loan will be stopped. When the follow-up quota is sufficient, it will still be restored.
2. According to the current approval time of bank loans, the waiting time is relatively long, about 1-2 months, while the second-hand housing involves many processes, and the corresponding time will be relatively long, so users need to wait patiently.
3. Therefore, users are advised to maintain their personal qualifications and credit while waiting for mortgage loans, and there can be no decline in repayment ability or repayment credit, otherwise it will have a negative impact.
4. The qualification and approval of mortgage will be stricter this year. Behind these things, what we see is that policies are being fulfilled little by little, and regulation is stripping real demand from every line. After reviewing the loan qualification and lengthening the lending process, the transaction volume of second-hand houses is bound to decline. In this way, the market fever soon came down and house prices became more stable. For those who just need it, a stable market is more favorable. If the second-hand house under the applicant's name has been mortgaged to the bank, then the applicant can no longer apply for a second-hand mortgage. Only after the mortgaged house is released can he go to the bank to apply for a second-hand mortgage normally.
If the lender is unable to repay the loan, the bank can auction the house to recover the loan. On the other hand, if the applicant's second-hand house is affordable and the purchase time is less than 5 years, the bank will generally not approve the second-hand mortgage.
6. The last situation is that it is impossible to apply for a second-hand mortgage, that is, the second-hand house under the applicant's name is a special second-hand house such as a military house and a small property right house. Such a house is not allowed to be listed and traded, and of course you can't apply for a bank mortgage.