只有购房合同能抵押贷款吗？

Legal Effect and Mortgage Basis - The purchase contract (i.e., the "Commodity House Sale Contract") only proves the debtor-creditor relationship between the buyer and the developer and does not equate to a property right certificate. Before the property rights registration is completed, the buyer does not have full ownership, and the purchase contract itself lacks a legal basis for direct mortgage [2] - Financial institutions typically require the mortgagor to provide the "House Ownership Certificate" or "Real Estate Certificate" as legal proof of mortgage property [2] Transitional Financing Solutions - In the case of pre-sale housing transactions, buyers can apply for pre-mortgage registration using the registered purchase contract and down payment proof, with the developer bearing joint guarantee responsibility until the property certificate is issued [2] - The operational process requires submission of the purchase contract, down payment invoice, income proof, and banks will assess the developer's qualifications and construction progress [3] Risk Warnings and Legal Restrictions - Some informal financial institutions may accept purchase contracts as collateral, but this poses high risks. The Supreme People's Court ruling (2019) clarified that "mortgage contracts" without property rights registration do not have priority for compensation, exposing creditors to potential risks [3] - If the developer defaults, such as delaying delivery or project abandonment, banks may terminate the loan agreement even if the buyer holds the purchase contract [3] Alternative Financing Options Comparison - When financing is needed with only a purchase contract, the following legal options can be considered: - Renovation loans: Lower interest rates (typically 4%-6%) but limited amounts (generally not exceeding 500,000) [3] - Credit loans: No collateral required but higher interest rates (8%-15%) [3] - Developer interest-free loans: No funding cost but may increase the total price of the house [3] Practical Operation Suggestions - Urge developers to complete property rights registration, typically within 365 days after delivery, and claim penalties for overdue registration [4] - Prioritize consulting with the housing loan department of banks for the latest policies, as the approval rate for housing loans from formal financial institutions reached 78% in Q1 2024 [4] - Verify the lending qualifications of financial institutions before signing any mortgage agreements and be cautious of scams requiring prepayment of "fees" or "deposits" [4] - The "Delivery and Certificate" reform, piloted in 40 cities by the Ministry of Natural Resources in 2025, aims to fundamentally resolve the mortgage difficulties associated with pre-sale housing [4]