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交房即交证改革
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只有购房合同能抵押贷款吗?
Sou Hu Cai Jing· 2025-07-19 14:08
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]
全力化解不动产登记前端环节历史遗留问题 去年来解决340多万套“硬骨头”问题房屋
Group 1 - The core viewpoint of the articles highlights the significant progress made by the Ministry of Natural Resources in resolving historical real estate registration issues, with over 20 million problematic properties addressed since the implementation of unified real estate registration in 2015 [1][2] - In 2024 alone, more than 3.4 million long-standing cross-departmental property issues have been resolved, demonstrating effective measures taken to enhance property registration processes [1] - The issuance of property certificates is crucial for citizens' housing security and financial rights, impacting their ability to settle, enroll in schools, and secure financing [1] Group 2 - The Ministry has implemented the "house delivery with certificate" reform, which has transformed the traditional model of "paying first, receiving the house, and then obtaining the certificate," now covering over 800,000 units across more than 9,000 projects in over 2,200 counties and cities [2] - This reform has led to an increase in public satisfaction and has effectively prevented the emergence of new registration issues [2] - Future efforts will focus on strengthening policy supply and establishing a long-term mechanism to address and prevent new issues, ensuring that the Ministry continues to address practical concerns for the public [2]
行业透视|稳市场重大进展:一二手总成交量实现同比回正——据自然资源部披露不动产登记数据测算
克而瑞地产研究· 2025-04-23 09:27
一二手成交同比增10%,逾4%二手房成交使用带押过户,且惠及更多中低总价房源 ◎ 文 / 马千里 近日,自然资源部举办了4月份例行新闻发布会,公布了不动产登记相关数据,包括新建商品房转移登记、存量商品房登记等房地产 关键数据。 其中存量商品房登记件数更是尤为关键,为当下鲜见官方公开披露的全国二手房交易规模数据。 2025 年 1 季度,全国办理不动产登记业务 2014.1 万件,颁发不动产权证书 1177.5 万本、证明 574.7 万本。办理新建商品房转移登记 238.7 万件,同比减少 12.1% ;办理存量商品房转移登记 164.6 万件,同比增长 34.7% 。全国 8500 多个新建项目实施 " 交地、交房即交证 " 改革,惠及 170 多万企业群众。各地积极 推进不动产 " 带押过户 " 改革,新办理带押过户业务 7.1 万件,涉及带押金额 716.9 亿元。 自然资源部例行新闻发布会自2023年开始举办,至今一共举办了9次。2023年举办了4次,2024年举办了3次, 2025年至今举办了2 次。其中共有3次发布了不动产登记相关数据,分别是2024年3月、2024年5月,以及最近一次的2025年 ...