Traditional Culture Encyclopedia - Traditional stories - What is a mortgage loan?

What is a mortgage loan?

Question 1: What does mortgage mean? It means to ask you to go to the bank for a loan, so you have to have something equivalent or not. If you don't pay the money within the time limit, your collateral will be owned by the bank.

Question 2: What does mortgage mean? Mortgage means that the debtor or the third party does not transfer the possession of the property and takes the property as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor has the right to discount or auction the property according to law. Priority should be given to the price of the property sold.

Pledge means that the debtor or a third party gives his movable property or rights to the creditor for possession. When the debtor fails to perform the debt, the creditor has the right to give priority to compensation by discounting, auctioning or selling the movable property or rights according to law.

The difference between the two:

First, the theme is different. The subject matter of mortgage shall be subject to real estate in principle, but not limited to movable property. The law allows some movable property such as machines and vehicles to be set as collateral.

The objects of pledge are usually movable property and rights. Securities such as bills and stocks can be pledged.

Second, the way is different. Mortgage does not transfer the possession of the subject matter, but it is still occupied by the owner of the subject matter; On the other hand, the pledger must transfer the possession of the pledged property, and the possession belongs to the pledgee.

Third, there are differences in the scope of protection. The legal guarantee scope of mortgage includes the principal creditor's rights and interest, liquidated damages, damages and the expenses for realizing the mortgage right, while the scope of pledge guarantee also includes the expenses for keeping the pledged property. In order to keep the pledge, the pledgee must pay the necessary fees.

Question 3: What is the mortgagee? For example, in mortgage to buy a house, you mortgage your house to the bank, and the bank is the mortgagee and you are the mortgagor.

Question 4: What does mortgage deposit mean? It should be a mortgage, because deposits don't need to be mortgaged.

Basic definition

Mortgage loan refers to the loan that the borrower obtains from the bank with certain collateral as guarantee. It is a loan form of capitalist banks, and the collateral usually includes securities, China bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods. When the loan expires, the borrower must repay the loan in full, otherwise the bank has the right to dispose of the collateral as compensation.

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Question 5: What do you mean by secured debt? Mortgage is mortgage. If the debtor fails to repay the debt at maturity, the creditor may auction or sell the collateral to pay off the debt.

For example, mortgage loans, buyers mortgage their houses and borrow money from banks. If the loan cannot be repaid at maturity, the bank can auction the house. Where there are multiple creditor's rights, the secured creditor's rights have priority over the unsecured creditor's rights.

law of property

Article 179 In order to guarantee the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, and the debtor fails to perform the due debt or realize the mortgage 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 195 If the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or give priority to compensation with the price of auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, other creditors may request the people's court to cancel the agreement within one year from the date when they know or should know the reasons for cancellation.

If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property.

Where the mortgaged property is discounted or sold, it shall refer to the market price.

Question 6: What does the policy mortgage mean? Hello! Policy mortgage is a financing method that the insured directly mortgages his policy to the insurance company and obtains funds according to a certain proportion of the cash value of the policy. If the borrower fails to perform the debt at maturity, the insurance company has the right to terminate the insurance contract when the loan principal and interest accumulate to the cash value of surrender. In the process of life insurance exhibition, it has become a fashion to add policy mortgage to insurance clauses. Policy mortgage should pay attention to the following three issues: 1. Not all policies can handle pledged loans. Life insurance policies such as endowment insurance, investment dividend insurance and annuity insurance with savings function can be used for loans, but medical expenses insurance, accident insurance and property insurance cannot be pledged. 2. Insurance policies that have been exempted from premium cannot be used to pledge loans. At present, many insurances have premium exemption function, that is, after the insured has an accident, the policy beneficiary can continue to enjoy the policy protection without paying the premium, especially for children's insurance products. However, according to the relevant regulations, in the case of free premium, the policy will not be able to apply for pledged loans.

Question 7: What does bank mortgage mean? Mortgaged to the bank, the house actually belongs to the bank. He can live if he doesn't default, and the defaulting bank has the right to confiscate the house.

Question 8: What does it mean that the real estate license has been mortgaged? The real estate license has been mortgaged, which means that the house has been mortgaged to others. Maybe the house he bought with a mortgage will be mortgaged to the bank. He must have left a copy in his hand If you receive more money from him, maybe the house is not enough for you. Now, someone has borrowed 6.5438+0.5 million from the bank with a house worth 6.5438+0.5 million. A copy of the real estate license has no legal effect.

Question 9: What is subprime mortgage? Subprime loan is a high-risk and high-yield industry. Different from the traditional standard mortgage loan, the subprime mortgage loan does not require the lender's credit record and repayment ability, and the loan interest rate is correspondingly much higher than that of the general mortgage loan. People who are rejected by banks for high-quality mortgages due to poor credit records or weak repayment ability will apply for subprime mortgages to buy houses. When house prices rise, the subprime mortgage business is also booming. Even if the lender's cash flow is not enough to repay the loan, they can get a second loan through property appreciation to make up for the gap. However, when the house price is flat or falling, there will be a funding gap and bad debts will be formed. After five years of hot bull market in real estate, the proportion of American households owning houses reached a record high, but the real estate market has been flat since 1 year ago. According to the data of American Mortgage Bankers Association, the proportion of loans overdue for more than 30 days reached 4.6% in the third quarter of last year, of which the default rate of high-quality mortgages was 2.4%, and the default rate of subprime mortgages was as high as 12.6%. The association has tracked more than 46 million mortgages in the United States. "In the past 12 months, the default rate has increased by 25%, of which subprime mortgages accounted for a considerable proportion." Bethany Marten, chairman of an American mortgage company, said in an interview. Susan Bies, the governor of the Federal Reserve, said last week that the plight of the subprime mortgage industry was only the beginning, not the end. Personally, I think it is bad for the American economy and may be good for the gold market.

Question 10: What does a mortgage car mean? Mortgage means that the debtor or the third party does not transfer the possession of the property (that is, the motor vehicle) and takes the property as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor has the right to discount the debt or give priority to compensation with the price of auction or sale of the property in accordance with the provisions of this law.

In layman's terms, it is a motor vehicle mortgaged to B as a guarantee. When a motor vehicle is used as collateral, it is called a mortgaged vehicle.

Both parties or three parties who legally mortgage the car shall go to the motor vehicle registration authority (that is, the local vehicle management office) for mortgage registration. The registered records can be displayed in the motor vehicle registration certificate (the certificate has a special page for mortgage registration records, including the time and duration of mortgage and the records of change and cancellation).

Generally don't buy a mortgage car during the mortgage period or when the debt is not fulfilled, otherwise there will be risks. When buying a mortgaged car, you must read the contents of mortgage registration in the Motor Vehicle Registration Certificate. If the last mortgage registration has been cancelled, it means that the secured debt of the car has been fulfilled, and it is no longer a mortgage car and can be purchased. If the mortgage registration is not cancelled, the vehicle management office will not handle the transfer formalities for you.

If you buy a motor vehicle whose mortgage registration has been cancelled, you should go through the transfer formalities at the vehicle management office as soon as possible. Only in this way can we avoid being taken back by the original owner or stolen back to the bank of the guarantee company.