About mortgage and mortgage

Classification: people's livelihood >> Law

Problem description:

"mortgage to buy a house" is often mentioned in Hong Kong TV dramas, and now more and more people in China mention "mortgage loan". Is "mortgage" the same as "mortgage"?

And what does "fried uncompleted residential flats" mean?

Thank you for your advice!

Analysis:

The word "mortgage" used to be a local dialect, which is more common in Hong Kong, Macao and Taiwan. From the end of 1980s, it gradually appeared in Chinese mainland from south to north. Except for the Hong Kong Special Administrative Region, there is no provision on mortgage in our laws.

Before Hong Kong's return to the motherland, the provisions on mortgage in Hong Kong were broadly defined and narrowly defined. Mortgage in a broad sense refers to any form of pledge (pledge is the mortgage of movable property) and mortgage; Narrow mortgage refers to transferring the property to the lender's name, and then transferring the property back to the borrower's (mortgagor's) name after the loan is paid off.

There are some differences between the mortgage stipulated in the Urban Real Estate Management Law and the Guarantee Law and the mortgage in Hong Kong, that is, the definition of mortgage in these two laws is based on the transfer of possession.

Because of the large value of houses, even in countries or regions with high per capita income, it is difficult for buyers to raise enough funds for buying houses at one time. If all property buyers have to wait until the purchase price is complete before buying a house, it will take at least ten years, and it may take decades, and during this long waiting time, they will have to pay the expenses incurred by renting a house.

In recent years, due to the participation of financial institutions, banks have issued loans to property buyers, enabling them to obtain housing in advance.

For real estate development companies, banks provide loans to property buyers. It is helpful for real estate development enterprises to recall capital turnover to obtain more profits.

For banks, if loans are issued directly to real estate development companies, the houses built by the development companies with loans cannot be sold quickly, which will inevitably affect the repayment ability of the development companies. If the loan is issued directly to the buyers, the buyers will use all the loans they get to buy a house. Because the loan amount given to buyers is lower than the house price, buyers themselves have to invest a sum of money to buy a house, and because buyers use the purchased house as collateral when obtaining loans, the reliability of repayment is fully guaranteed.

This kind of mortgage loan is beneficial to buyers, real estate development companies and banks, and promotes the prosperity of the real estate market. So it is more popular in recent years. Some real estate development companies began to call this kind of mortgage loan "mortgage", and some advertisements for selling houses marked "provide ×× mortgage", that is, the proportion of loans that banks can provide to buyers. For example, "60%" can provide loans of 60% of the house price. For the sake of loan security, banks can only provide loans of 70% of the house price at most.

Mortgage and mortgage are not exactly the same. A more appropriate explanation for mortgage is the mortgage loan for home buyers. The purpose of the loan is to buy a house (mainly a house). Not all loans secured by houses can be called mortgage loans.

What is an unfinished building? If you pay the money, the house is not an existing house that you can live in immediately. What you bought is called "uncompleted residential flats". Some people say that it means "mirror flowers and water moon", which is empty but not real; Some people say that it is called uncompleted residential flats because there is a stamp on the evidence of Hong Kong auction house. As far as the Beijing market is concerned, before the house moves in, the house number subscribed internally, the subscription book subscribed formally, and even the pre-sale and sales contract purchased are all called "speculation" as long as they can be bought and sold.

1, the developer has created a space for speculation. Mr. Yin Ze, the sales director of Zhongyuan Real Estate, believes that developers generally start selling real estate when they have some start-up funds in their hands, attracting buyers to subscribe for "uncompleted residential flats" at low prices, and then go low and get the later construction funds by snowballing. In addition, low-cost subscription can also create strong popularity for real estate and attract more buyers to follow up. Therefore, the difference between the internal subscription price of many properties and their normal average price is more than 1000 yuan, and this considerable investment space will inevitably attract speculators.

2. Investment expectation is conducive to attracting speculators. Zhang Yin, general manager of Baiyu Xingye Real Estate Company, told the reporter that some time ago, a famous townhouse project in Shanghai opened at a price of 6,000 ~ 8,000 yuan, because the developer was famous, and the villa price was as high as 2,300 US dollars at that time. A large number of investors took a fancy to the investment potential of this dish, almost half of them were booked in one day, and many people subscribed for 5 ~ 10 sets. Later, the average property price reached 10. Investors will only bet heavily on uncompleted residential flats if they have high expectations for real estate investment, confidence in products and optimism about market prospects.

3. Speculation in the seller's market. Mr. Liu Zhizhong, general manager of Midland Property Beijing Company, said that before 1997, the property market in Hong Kong had been soaring, and the income of buyers could not keep up with the increase in property prices. When the real estate is put on sale, speculators wait in line all night for the room number. These karate people can generally earn HK$ 65,438+000 ~ 500,000 for a room number. After the financial turmoil, the market situation turned sharply. At present, speculators have basically disappeared. Only some star properties with low opening prices, such as the former "Polly Bay" and speculators, earn only tens of thousands of Hong Kong dollars. Some cities in China, such as Ningbo and Hangzhou. Due to the relative shortage of real estate supply, the wind of real estate speculation has intensified.

There are many restrictions on speculation in uncompleted residential flats in Beijing, and developers are not allowed to change their names at the subscription stage, so there is no way to speculate; In the contract stage, it is difficult to refinance the loan, so it is impossible to speculate. Therefore, speculation in pre-completed flats is generally concentrated in the stage of internal subscription to buy a house. Of course, at this time, the space for speculation is limited. At present, only these people who know the real estate industry can extract gold from the uncompleted residential flats in Beijing.

1, real estate sales staff. In Beijing's real estate industry, many salespeople were fired by the company for speculating in uncompleted flats. They use their own money to buy the room number and give it to customers, or find a "next home" account for speculators. It is said that almost all the sales staff of a real estate in the east participated in this move, and the per capita profit was 1 10,000. After all, this is an advantage. When it comes to hot-selling real estate, it seems difficult to stop sales managers or salespeople from making money.

2. Senior speculators. These people have rich relationship resources in the real estate industry, can grasp the real estate information in advance, make a keen judgment on their investment value, and then complete the hype before completion according to the following process:

A. get the room number at a low price when subscribing internally. At this time, it is necessary to ensure fast-first get the subscription news, and then buy the room number at the internal subscription price through normal channels (queuing) or abnormal channels (finding people); Second, be accurate-make sure that the price of this building will soar when it opens for sale in the future.

B, looking for the next home. At the time of internal subscription, most of the sales certificates of developers have not been obtained, and there is usually a time difference of half a month to 1 month from the signing of formal contracts, which is just convenient for speculators to change hands. The normal channel is to go online or find the door through an intermediary. The abnormal channel is to talk with the sales staff about the proportion of accounts and then get customers.

C, increase the price and change hands. It is not difficult for people with "insiders" to transfer the room number. For those who are said to be relatives or friends of speculators, they can pass the customs. In addition, in the name of buying a house for company employees, the reservation number will be unified into the company name, and the next home will be renamed and transferred in the name of company employees.

3. With the help of the "excellent" relationship in the real estate market, some intermediaries joined the ranks of speculation in uncompleted flats with more clever means.

Faced with well-connected speculators and all kinds of speculation tactics, it is difficult for even well-guarded developers to completely eliminate them. Besides, the "small decision" to subscribe for the house number can be withdrawn, and speculators have almost no risk, which strengthens the confidence of speculators.

What's the most popular dish?

Comprehensive interviewer's point of view, the "uncompleted residential flats" worthy of speculation generally have the following characteristics:

1, which has investment potential. The real estate that speculators fancy is generally in a superior position, mostly concentrated in the east, with good investment prospects;

2. The opening price is low. Ms. Shao Yun, who is in charge of international sales of United Japan, said that the subscription price of more than 10,000 yuan blocked the involvement of speculators because of the high level of the project. However, according to the reporter's understanding, another CBD hot property not far from Ai Ri attracted many speculators because of the subscription price of 8,000 yuan;

3. Small scale. Because of the pressure of sales in big communities, developers will not raise prices significantly, and buyers will have more choices later, and speculators will generally intervene cautiously;

4. The restrictions are not strict. Although many properties do not support speculation in uncompleted flats, there are some loose and tight management, and speculators aim at some projects with loopholes to drill.

3. Who are the obstacles to speculation of uncompleted residential flats?

Should uncompleted residential flats be fired? The industry is divided into positive and negative views.

Opposing views raise housing prices, destroy buildings and rules, and do great harm to speculation.

According to the summary of the developers in the industry who are opposed to speculation in uncompleted flats, there are the following charges for speculation in uncompleted flats:

To put it bluntly, speculation in uncompleted flats harms the market. Due to the intervention of too many investors, the house price is overweight in the speculation, which leads to the "diving" of the property market when it exceeds the actual purchasing power. Such examples are as far away as Hainan and as close as Hangzhou and Ningbo, and the bubbles stirred up by speculators should not be underestimated.

Put it another way-speculation has affected the normal sales of real estate. First, there are too many speculators, which makes buyers doubt the management of developers and affects the sales of real estate; Second, the speculators took away the preferential price that the target customers should have enjoyed at first, and diverted customers again at a price slightly lower than that of the developers after the property price increase, and only one buyer sold; Third, the early speculators' tray and subscription were hot, which made developers make wrong judgments on the market situation. There are many such examples in the market. Many properties are very popular when they are subscribed, and thousands of sets are ordered as 1 day. However, when they really "re-signed" (changed the reservation number into a formal contract), most of the customers disappeared, which made the company managers furious.

To put it mildly, speculation in uncompleted flats has also pitted consumers. For people who lack housing, property prices are pushed up by speculators, increasing the cost of buying a house; For investors, speculation in uncompleted flats will make them unable to see the situation clearly, thinking that there is a great market demand and blindly following up, leading to investment mistakes.

Positive views support investment, oppose vicious speculation, and speculation in uncompleted flats has many advantages.

Mr. Liu Zhizhong of Midland said that the bubble before 1997 and the plunge after 1997 were caused by many reasons, such as the financial turmoil and the "85,000" plan in Hong Kong, and speculation in pre-completed flats caused the property market to "dive" too seriously.

There are also developers in Beijing who recognize real estate speculation. Zhang Baoquan, chairman of Jin Dian Group, believes that speculation in uncompleted flats is an investment, and all investments are for the purpose of increasing value and preserving value. The existing policy does not support real estate investment. For example, in our property rights system, the transfer of property rights is very troublesome, while in Hong Kong and other places, it is a contract system, so just change the registration and filing; Moreover, transaction procedures and tax policies make it impossible for real estate investment to be completed legally and quickly. Therefore, a lot of real estate investment has gone underground, and the repeated prohibition of speculation in uncompleted flats is an example. Today, the affordable housing developed in Jin Dian is state-owned, but the people are correct, and the most is 1000 yuan per square meter. Zhang Baoquan believes that speculation in uncompleted flats is objective. Since the developer's price positioning system has left profit space for early buyers, it is better to let investors enter reasonably and give them a relatively standardized speculation platform.

Zhang Baoquan told reporters that at present, Jin Dian has not launched any new projects that attract the attention of many investors in the international trade circle, and it is possible to allow buyers to speculate reasonably, that is, to agree to transfer the purchase right.

Zhang Yin, a developer from Shanghai, is more open-minded. He believes that most of the hazards of speculation in uncompleted flats are developers' lack of trading experience, which leads to vicious speculation, such as inaccurate grasp of products in the early stage, which leads to low pricing and blindly optimistic price increases in the later stage. As long as developers control properly and limit speculators to a reasonable proportion, speculation in uncompleted flats will show the following benefits:

1, the property is hot, which is conducive to sales. The above-mentioned Shanghai townhouse project is precisely because speculation in uncompleted flats has become the most unobtrusive, best-selling and most famous property in Shanghai. This is also the reason why many developers are forbidden to speculate in uncompleted flats, but actually turn a blind eye.

2. Investors and buyers win-win. Investors with foresight in the early stage should be rewarded with benefits, and customers can buy satisfactory real estate from speculators at a price lower than the selling price in the later stage. Isn't everyone happy?

Zhang Yin told reporters that next month, Baiyu Xingye will launch a townhouse project at the intersection of Shen Jing Road and the Fifth Ring Road-Beijing Yaju, which will not restrict investors from speculating in real estate. If sales staff participate, the company will formulate corresponding management systems to control the speculation of uncompleted residential flats at a suitable temperature.

As Zhang Yin said, existence determines everything. Whether suppressed or taboo, speculation in real estate will be a hidden reality in the real estate market. However, as Mr. Yin Ze of Zhongyuan analyzed, the Beijing property market is basically in a situation of oversupply, and there will be no large-scale illegal speculation in uncompleted flats. Therefore, there is no other intervention policy in Beijing except that developers are worried that their staff are not in place. For example, Ningbo and other places have intervened because of excessive speculation, trying to levy a "speculative" tax and taking intervention measures such as buying a house in real-name registration system, which will not be staged in Beijing in the near future. From this perspective, personal real estate speculation is hot again, and uncompleted residential flats are just an "unpopular" property market in Beijing full of mysterious temptations.