In order to further reduce the institutional transaction cost of legal house auction, reduce the capital pressure of house buyers, and improve the standardization and convenience of housing provident fund personal housing loan purchase legal house auction business, recently, Jiangsu Provincial High People's Court, Jiangsu Provincial Department of Housing and Urban Rural Development, and Jiangsu Branch of the People's Bank of China jointly formulated Opinions on the Implementation of Housing Fund Personal Housing Loan Purchase Law Real Estate Auction Business To stipulate matters related to the housing auction business with the provident fund loan purchase method.
The public accumulation fund auction and loan business is applicable to the online judicial auction of individual housing organizations in Jiangsu Province by the people's courts at all levels, which is accepted by the local housing accumulation fund management centers (hereinafter referred to as the public accumulation fund centers) or the commercial banks entrusted by them to operate the housing accumulation fund individual housing loan business (hereinafter referred to as the undertaking banks). The legal auction house buyer who meets the conditions of housing provident fund personal housing loan can Before full payment Handle individual housing loan of housing provident fund.
People's courts, financial institutions, provident fund centers and other departments should strengthen the information and data sharing of legal auction houses, promote business collaboration, improve efficiency, and effectively improve the convenience, accuracy and digital level of business handling. The provident fund center shall include provident fund auction and loan business in the information management system, and record its application and handling information.
The provident fund center shall determine whether to apply portfolio loans, provident fund loans in other places, etc. according to the actual situation of the city, and formulate corresponding management methods or operating procedures. In addition to complying with the requirements of the Implementation Opinions, the auction and loan business of provident fund method is still It shall meet the requirements of current national standards 。
In principle, the auction loan business of provident fund method shall be implemented according to the following workflow:
（1） The provident fund center (the undertaking bank) accepts the auction loan business of provident fund law in accordance with the application of the loan applicant and the auction confirmation issued by the people's court;
（2） The people's court shall issue a verdict on auction and sale according to the letter of commitment for loan granting stamped with the official seal of the provident fund center (the undertaking bank);
（3） The Buyer shall, in accordance with the judicial documents issued by the people's court, handle the registration of the transfer of the ownership of the house property;
（4） The guarantee implementation agency shall assist the mortgagor to complete the mortgage registration;
（5） The undertaking bank unconditionally granted loans to the virtual sub account of the execution funds provided by the People's Court according to the loan commitment letter.
The people's court, the provident fund center and the undertaking bank should strengthen the work connection and communication and cooperation. Local governments can further refine the specific business process of provident fund auction and loan according to the actual situation, but Not required The buyer must pay the full amount or set other provisions that may increase the buyer's financing costs before handling the public accumulation fund law auction loan.
The provident fund center (the undertaking bank) shall provide services such as provident fund legal auction and loan business consultation, loan pre-approval, line accounting, etc. for prospective bidders of legal auction houses, and remind the service objects to propose Latest date of application for provident fund loan limit 。
After the successful auction, the loan applicant applies to the provident fund center (the undertaking bank) for a loan, The following materials shall be submitted ：
（1） Identification: Including valid identity documents such as resident identity card and household register;
（2） Certificate of marital status: Including marriage status certificate, etc;
（3） Proof of payment: Payment certificate issued by the people's court or tax department;
（4） Proof of loan purpose: The confirmation letter of auction conclusion issued by the people's court;
（5） Other information: Guarantee materials; Account information designated by the people's court; Loan repayment account information; For non local loans, proof of payment and use of housing provident fund for non local loan employees shall also be provided; Other required information.
If the above information can be shared through government information, the borrower is not required to provide it.
After the borrower's housing provident fund loan information is complete, the provident fund center shall handle it according to the housing provident fund loan rules, and the provident fund center (the undertaking bank) shall guide the borrower to sign the housing provident fund loan contract.
After the housing provident fund loan contract is signed, the relevant departments, their staff and the loan applicant shall cooperate with each other to complete the guarantee implementation according to the following procedures:
（1） The guarantee implementation agency shall review the guarantee according to the loan approval opinions and implement the loan guarantee procedures.
（2） After passing the review, the provident fund center (the undertaking bank) will issue a letter of commitment for individual housing provident fund loan to the people's court. Before making a loan commitment, the guarantee enforcement agency shall Advance or Synchronize Submit the mortgage registration application to the real estate registration agency to ensure that the mortgage registration procedures are completed when the real estate ownership transfer registration is handled.
（3） After verification, the people's court shall issue a ruling on the auction and sale, a notice of assistance in execution, and notify the loan applicant (mortgagor) and the mortgagee to go through the registration of property ownership transfer and mortgage registration. The security enforcement agency shall confirm that the mortgage is transferred when the property ownership is registered Synchronous setup 。
After the establishment of legal house mortgage Within 5 working days The undertaking bank shall release the loan to the virtual sub account of the execution funds provided by the People's Court. Before the loan is issued, the guarantee enforcement agency shall confirm that the mortgage has been established and the property right registration proportion of the loan applicant is consistent with that of the loan application. The undertaking bank shall verify the account number with the people's court to ensure the accuracy of the loan issuance.
After the legal auction and loan business of provident fund is handled, if the people's court cancels the relevant judicial auction, it shall notify the provident fund center (the undertaking bank) in written form such as notice or letter, and actively cooperate with the settlement of loan return.