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Can I get a loan to buy a sealed house, Zhihu?
The house has been sealed up and cannot be used for bank loans.
When you apply for a bank loan, you use your house as collateral. Now that it has been sealed up, we can't go through the mortgage formalities.
Can Shenzhen seal up the house, redeem the building and unseal it to apply for a mortgage loan? Do you want to read the credit report? You got it?
Shenzhen houses can apply for mortgage loans if they are sealed up, redeemed or unsealed. Need to see the credit report. The sealed house in Shenzhen is unsealed, and the problem of sealing up can be solved through the loan for changing houses across the bridge. After the sealed house is unsealed, it belongs to normal property and meets the conditions of mortgage loan. Banks need to check the credit information of the mortgagor when handling mortgage loans.
Can the sealed house be mortgaged?
Of course.
Houses sealed up according to law can't apply for mortgage loans, and banks won't give you loans. You can't sell it, nor can a third person get it in good faith. If you find a mortgage to seal up the house loan, you can report it.
Seizure of immovable property refers to the plaintiff's seizure of property under the defendant's name in litigation. After the seizure, the property cannot be transferred or mortgaged, but it can still continue to live. After compulsory seizure, the defendant can still live in the house, but can't transfer it, that is, the rights of the house are restricted and can't be transferred or given to others.
Can a frozen house be mortgaged?
Frozen houses cannot be mortgaged. Property sealed up, detained or supervised according to law shall not be mortgaged.
Legal analysis
Seizure refers to the behavior of state organs that have the right to take seizure measures to restrict the disposition of movable property, immovable property and other property rights of citizens, legal persons or other organizations. The seizure of a transaction house refers to the situation that the house is seized by other state organs before or during the transaction, resulting in restrictions on the transfer of the house.
Several reasons for seizing real estate:
1, the mortgagor is not unified internally, or is actually the guarantor of a mortgage, which causes the mortgagor to worry about payment, thus sealing up the house;
2. The mortgagor delays repayment, resulting in the seizure of property;
3, a number of * * * people, the value of the house is not enough, and a property owner is worried about the seizure of money;
4. Unsecured loans are sealed up first, resulting in dominoes;
5, criminal cases, resulting in the seizure of houses;
6, do not understand wealth management products, lost the opportunity to lend;
7. Other creditor's rights are sealed up due to the transaction;
8. Cases of seizure caused by divorce.
Bank housing loan requirements:
1, the property right of the house should be clear, meet the listing and trading conditions stipulated by the state (the frozen house cannot be traded), and can enter the real estate market without any other mortgage;
2. The age of the house (calculated from the date of completion of the house) and the loan period cannot exceed 40 years;
3. Mortgaged houses are not included in the local urban reconstruction plan, and there are real estate licenses and land certificates issued by real estate departments and land management departments.
legal ground
Article 399 of the Civil Code of People's Republic of China (PRC): (1) Land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.
If the house is sealed up, can I still apply for a loan in the bank?
After the house was sealed up, the property could not be mortgaged to the bank.
Apply for a loan according to Article 25 of the General Rules for Loans. If the borrower needs a loan, he should apply directly to the host bank or the agent bank of other banks. The borrower shall fill in the loan application, including the loan amount, loan purpose, repayment ability and repayment method, and provide the following information:
1. Basic information of the borrower and guarantor;
Two, the financial department or accounting (audit) firm approved the last year's financial report, as well as the previous financial report to apply for loans;
Three, the original unreasonable occupation of loans to correct the situation;
4. List of collateral and pledge, as well as the certificate that the person who has the right to dispose of the collateral and pledge agrees to guarantee, and the relevant documents that the guarantor agrees to guarantee intention;
Verb (abbreviation of verb) project proposal and feasibility report;
Other relevant information deemed necessary by the lender.
Extended data:
Provisions on seizure, seizure and freezing of property in people's civil execution Article 27 If a people's court seals up or distrains the mortgaged property with the maximum amount set by the person subjected to execution, it shall notify the mortgagee. The amount of creditor's rights secured by the mortgagee will not increase after receiving the notice.
Although the mortgagee has not been informed by the mortgagee, but there is evidence to prove that the mortgagee knows the fact of attachment and seizure, the amount of secured creditor's rights will not increase since he knows the fact.
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