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购房抵押贷款是近年来我国兴起的一种房地产金融贷款。它是指购房者在向房产商(又称发展商)购买房地产物业并交纳一定比例(通常30%以上)购房款后,将其与房产商签订的《预购房屋合同》(或《房屋买卖合同》)的全部权益及所购房屋抵押给银行,由银行对其发放剩余房款(一般不超过70%)的贷款。而美国、新加坡、香港等境外个人申办购房抵押贷款更是一项新兴的房地产金融贷款。律师参与房地产金融市场、为境外个人提供购房抵押贷款法律服务是国际上通行的做法。律师见证业务就是其中的一项服务内容。从我所为建国以来上海首家中资银行向境外个人发放购房抵押贷款提供法律服务的实践来看,律师见证业务主要有:为境外个人“委托书”见证;为“房产抵押贷款合同”见证;为“抵押协议书”见证。
Home purchase mortgage loan is a kind of real estate finance loan which arises in our country in recent years. It refers to the property buyers (also known as developers) to purchase real estate properties and pay a certain percentage (usually more than 30%) of the purchase price, the real estate and its sign with the “pre-purchase housing contract” (or “house sale contract ”) The entire rights and interests of the purchase of houses and mortgages to the bank, the bank issued the remaining funds (usually not more than 70%) loans. The United States, Singapore, Hong Kong and other overseas individuals to apply for a mortgage loan is a new real estate finance loans. It is an internationally accepted practice for lawyers to participate in the real estate financial market and provide legal services on mortgage loans to individuals overseas. Lawyers witness the business is one of the services. From my practice as the first Chinese bank in Shanghai to issue mortgage loans to overseas individuals since the founding of the People's Republic, the lawyers witnessed the following businesses: witnessing “power of attorney” for overseas individuals; testifying for the “Real Estate Mortgage Loan Contract” ; For the “mortgage agreement” witness.