房贷(fáng dài)是“住房抵押贷款”的简称。住房抵押贷款是银行为保证贷款的安全,把借款人的房地产、有价证券及其他凭证,通过一定的契约合同,合法取得对借款人财产的留置权和质押权而向其提供的一种贷款。
Fangdai (fáng dài) is the abbreviation of “housing mortgage loan”. Housing mortgage loan is a kind of loan provided by the bank to the borrower in order to ensure the safety of the loan. The bank transfers the real estate, securities and other certificates of the borrower through certain contracts to legally obtain the lien and pledge of the borrower’s property.
这种贷款实际上是债务人(抵押人) 在法律上把财产所有权转让给债权人 (抵押权人) 以取得贷款,这期间如果债务人不能按期偿还贷款本金和利息,债权人有权处分抵押物,并可优先受偿的贷款方式。这种贷款方式,可以减少债权人的贷款风险,为债权人收回贷款提供了最有效的保证。在住房信贷中采用抵押贷款是基于银行经营资金的安全性、流动性和盈利性考虑的。由于这项住房贷款的借款人大都是居民个人,而借款人的资金实力和信誉程度银行不可能了解清楚,这样就增大了银行贷款的风险,而抵押贷款恰恰在贷款风险较大的情况下,为债权人提供了收回贷款的有效保证。因此,银行在对居民个人的住房贷款中,大都采用抵押贷款方式。
本质
抵押房屋贷款实际上是指用客户已经拥有可以上市流通的商品房屋用以抵押给银行贷款的品种。区别于二手楼置业贷款和一手楼贷款,在于客户已经拥有房产的所有权,而不是即将拥有。抵押房屋贷款需要有明确的贷款用途,不能用于法律法规明令禁止的用途,比如:炒房,炒股是不允许的,要求抵押房屋贷款的用途专款专用,并接受贷款发放方以及监管机构的监管,发现违规,银行有权追回贷款。
办理须知
住房抵押贷款是指借款人以所购住房和其他具有所有权的财产作为抵押或质押,或由第三人为其贷款提供保证并承担连带责任的贷款。它是由住房买卖合同、住房按揭协议、住房按揭贷款合同连接起来的三角关系。
This kind of loan is actually a loan method in which the debtor (mortgagor) legally transfers the property ownership to the creditor (mortgagor) to obtain the loan. During this period, if the debtor cannot repay the loan principal and interest on time, the creditor has the right to dispose of the mortgaged property and can be paid first. This loan method can reduce the creditor’s loan risk and provide the most effective guarantee for the creditor to recover the loan. The use of mortgage loans in housing credit is based on the security, liquidity and profitability of bank operating funds. Since the borrowers of this housing loan are mostly individual residents, and the bank cannot clearly understand the borrower’s financial strength and credit level, this increases the risk of bank loans. Mortgage loans provide creditors with effective guarantees for recovering loans when the loan risk is relatively high. Therefore, banks mostly use mortgage loans in housing loans to individual residents.
Essence
Mortgage housing loans actually refer to the use of commercial housing that customers already own and can be listed for circulation as collateral for bank loans. The difference between second-hand property loans and first-hand property loans is that customers already own the property, not about to own it. Mortgage housing loans need to have a clear loan purpose and cannot be used for purposes expressly prohibited by laws and regulations, such as: real estate speculation and stock speculation are not allowed. It is required that the purpose of mortgage housing loans is dedicated and subject to supervision by the loan issuer and regulatory authorities. If violations are found, the bank has the right to recover the loan.
Instructions for handling
Housing mortgage loans refer to loans in which the borrower uses the purchased housing and other property with ownership as collateral or pledge, or a third party provides a guarantee for its loan and assumes joint and several liability. It is a triangular relationship connected by a housing sales contract, a housing mortgage agreement, and a housing mortgage loan contract.