Will the deposit be refunded after the mortgage is repaid?

Can I refund the deposit for the house loan?

Legal analysis: the mortgage deposit can be refunded. As the guarantee of creditor's rights, the down payment of housing loan can be demanded to be returned after the party paying the down payment has fulfilled its debt. In addition, if the deposit is used as a deposit, it belongs to a deposit contract. If the party who receives the deposit breaches the contract, the party who pays the deposit may claim to double the return. Therefore, the housing loan deposit can be refunded.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.

Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

"Mortgage" is like a double-edged sword. Although it helps developers to withdraw funds, the risks have also penetrated into the housing sales process of developers. Before the purchaser has obtained the ownership certificate of the house, because of various complicated situations, the bank may ask the developer to provide joint and several guarantee responsibilities at any time, and the risks brought by this will also follow.

Debt risk

The biggest risk for developers in "mortgage" is to bear joint liability. This risk can also be said to be the source of all risks, and all risks are born from it.

The so-called "joint guarantee liability" means that once the buyer as the guarantor fails to perform the repayment obligation, whether it is malicious or goodwill, at this time, the bank as the beneficiary can ask the buyer to bear the repayment obligation, including not only the principal, but also the interest, overdue interest and liquidated damages, and bear the liability for breach of contract, and can also ask the developer to perform the repayment obligation and the liability for breach of contract. In litigation, banks can sue property buyers and developers, or they can sue developers alone.

It is also the buyer's overdue repayment default. The repurchase obligation requires the developer to purchase the house from the purchaser at the price agreed in the commercial housing sales contract. At this time, the developer has to pay two sums of money, one is the down payment of the purchaser, and the other is the loan principal and interest of the mortgage bank.

It can be seen that the result of the repurchase made the housing transaction return to the pre-transaction, the mortgage bank recovered the loan, the purchaser lost the house, and the developer had to pay for it painfully.

Recovery risk

As a result, the developer bears the joint responsibility of guarantee and repurchase, and the developer bears the payment responsibility that should be borne by the mortgage bank on behalf of the purchaser. Therefore, developers have the right to recover from property buyers after taking responsibility to make up their own losses.

Developers have two ways to get compensation. First, the developer requires the purchaser to compensate the developer for the loss of the guarantee responsibility or repurchase responsibility; Second, the developer cancels the commercial housing sales contract and repossesses the house. However, there are no guarantee measures in these two ways, relying entirely on the judgment of the court and the cooperation of buyers.

Should the prepayment guarantee fee be refunded?

You can refund the guarantee fee if you pay off in advance.

Prepayment process:

1. According to bank regulations, customers need to submit a written application one week to one month in advance to agree on the repayment date;

2. Then, according to the agreed date, bring your ID card and the loan contract signed with the bank to the bank to fill in the loan repayment application form and prepayment agreement, and deposit the money to be repaid into your account for withholding the loan principal and interest according to the requirements of the bank;

3. The bank will automatically deduct the money;

There is no limit to the number of times each bank repays the loan in advance. It can pay off all or part of the loan.

Mortgage guarantee fee means that in order to avoid mortgage risks, banks generally need borrowers to provide guarantee certificates from legal persons, other economic organizations or natural persons with sufficient compensation capacity. If you can find friends or relatives who are willing to provide you with guarantees and have financial strength, you can issue written documents and credit certificates for the bank. If you can't, you need to go to a professional guarantee company, and they will provide you with a guarantee and pay the fees at this time.

The charging standards of guarantee fees are different between different regions, and the charging standards of different guarantee institutions are also different. However, the charging standard of the guarantee fee is generally determined according to the following items:

1, the risk degree of the guaranteed project;

2. The economic assets of the guarantor;

3. The financial status of the guarantor;

4. The credit status of the guarantor, etc. Generally speaking, the guarantee rate charged is between 3% and 5%.

According to the relevant regulations, the benchmark guarantee rate can be charged at 50% of the bank's loan interest rate for the same period, and the specific guarantee rate can fluctuate by 30% to 50% based on the project risk, or it can be independently agreed by both parties after being approved by the supervision department of the guarantee institution.

The guarantee fee is the fee that the loan applicant needs to pay when applying for loan guarantee from a professional guarantee company. The level of guarantee fee is generally assessed by the guarantee institution through the risk of the guaranteed project, but it shall not violate the relevant provisions of the state. If the guarantee fee agreed by both parties independently is approved by the supervision department of the guarantee institution, the guarantee dispute is not protected by law.

Under normal circumstances, in order to avoid the risk that the loan applicant cannot repay the loan, the bank requires the loan applicant to provide the guarantee certificate of a legal person, other economic organizations or natural persons with sufficient compensation ability. The guarantee rate of policy guarantee institutions is generally 1-2%, and that of commercial guarantee institutions is generally 2-4%.

What should be included in the guarantee contract?

(1) The type and amount of the secured principal creditor's rights;

(2) The time limit for the debtor to perform the debt;

(3) the method of guarantee; (4) the scope of guarantee;

(5) Guarantee period;

(six) other matters that both parties think need to be agreed. If the guarantee contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.

Can the mortgage guarantee fee be refunded?

Under normal circumstances, the mortgage guarantee fee can be refunded, provided that the borrower repays the loan principal and interest on time. Generally speaking, when a borrower applies for a loan to buy a house, the lending institution will ask the borrower to pay a guarantee fee in order to avoid risks. If the borrower can repay the loan on time, he can ask for a refund of the guarantee fee after the loan is settled.

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