Can the monthly mortgage be returned after the bank illegally issues the mortgage?

It won't be long before the mortgage loan will take back the house.

If the mortgage loan is not repaid, the bank will repossess your house about 3-6 months overdue. Generally speaking, banks repossess houses through the following three stages:

1. If the loan cannot be repaid at maturity, the bank will sue you and demand repayment;

2. If you haven't repaid, the court will order you to repay within a time limit;

3. If the repayment is not made within the specified time, the bank will ask the court to enforce it, recover the ownership of the house and auction the house.

legal ground

Measures for the Administration of Urban Real Estate Mortgage (200 1 Revision) Article 3 The term "real estate mortgage" as mentioned in these Measures refers to the act that the mortgagor provides the mortgagee with the debt performance guarantee with his legal real estate without transferring possession. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the proceeds from the auction of mortgaged real estate according to law. The term "mortgagor" as mentioned in these Measures refers to a citizen, legal person or other organization that provides legally acquired real estate to the mortgagee as a debt guarantee for himself or a third party. The term "mortgagee" as mentioned in these Measures refers to the citizens, legal persons or other organizations that accept real estate mortgage as the debtor's debt guarantee. The term "pre-purchased commercial housing loan mortgage" as mentioned in these Measures refers to the behavior that after the purchaser pays the down payment, the loan bank pays the remaining house payment and mortgages the purchased commercial housing to the loan bank as a loan repayment guarantee. The term "mortgage of construction in progress" as mentioned in these Measures refers to the act that the mortgagor, in order to obtain the construction loan of construction in progress, mortgages the legally obtained land use right together with the investment assets of construction in progress to the loan bank as a loan repayment guarantee without transferring possession.

The bank will seal the house for several months after the mortgage is stopped.

Six months.

After the mortgage defaults six times, the bank will repossess the house.

If the supply is cut off for one month, the bank will notify you by phone and SMS. If the supply is cut off for three months, the bank manager will call the owner directly to make a dunning, with penalty interest. If the supply is cut off for six months, the bank will take back the house directly.

Half a year after the default, the bank's lawyer will call to remind the borrower of the consequences of not repaying the loan on time, during which the borrower's mortgaged property will be frozen. After that, the bank will negotiate with the borrower about repayment. After negotiation, if the borrower is unable to repay or unable to repay, the bank will auction the property through legal procedures, and the guarantor will bear joint and several liability for recovery.

Related knowledge supplement:

1. Can I get back the down payment in case of mortgage default?

1. If the mortgage is dropped, the down payment can't be recovered, because both parties have signed the contract, and the down payment will naturally not be returned as the house payment paid by the owner.

2. After the mortgage is cut off, if the customer has no repayment ability, the bank can auction the mortgaged house, and then use the auction proceeds to deduct the remaining outstanding loans of the customer.

3. If there is money after deducting the outstanding loan, the bank will return the remaining money to the customer; If the auction proceeds cannot be deducted from the remaining outstanding loans, the owner needs to continue to repay until the remaining loans are fully paid off.

Second, what should I do if I can't repay my mortgage after the mortgage is cut off?

If the mortgage is not paid after the mortgage is cut off, and the capital turnover is not enough in a short time, customers can try to borrow money from relatives and friends around them and pay back the arrears in time, and then repay the money themselves after the capital turnover, and return the money to relatives and friends.

However, if the funds are tight for a long time, it is suggested that customers take the initiative to call the handling bank and explain to the customer service staff that they are temporarily unable to repay (it is best to provide corresponding proof materials, such as hospitalization list and unemployment certificate). ), and then try to apply for an extension of the repayment period and repay the arrears in installments. As long as the customer does not intentionally overdue, the bank will generally consider it as appropriate.

Everyone needs to pay attention. Don't run away just because you can't afford it. After the customer is overdue, the bank will make a dunning. If the overdue time is too long, the bank will probably sue the customer and then the court will enforce it, and the house is likely to be taken back.

How long will it take for the mortgage to be overdue?

Banks or lending institutions will not take over houses easily. However, if the borrower is overdue for a long time and fails to repay after repeated reminders, the bank is likely to bring a lawsuit to the court. Generally, the bank has the right to sue if it is overdue for more than three months.

However, this does not mean that once the borrower is overdue for more than three months, the bank will sue. Banks mainly look at whether the borrower's overdue situation is serious. If it is serious, they will take legal measures.

Moreover, after the borrower is sued, the bank will not take the house away as long as the borrower has the repayment ability. However, if the borrower is unable to repay the debt, the bank will ask the court to auction and mortgage the property under the borrower's name to offset the mortgage owed. So the bank is likely to take the house for auction.

Therefore, everyone must develop the good habit of paying back on time, and don't be overdue. Even if it is not paid for the time being, you should take the initiative to contact the bank to negotiate, express your willingness to repay, and apply for an extension of the repayment period, which the bank will generally consider.