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Yes, the mortgage is just a mortgage stamp.
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Summary. Hello, you can make a mortgage if you haven't handed over the house, but the premise is to get the property right certificate and land certificate, if the double certificate is complete and there are no other debts, you can apply for a mortgage.
Hello, you have not yet paid the lead hall type house can do the mortgage loan, but the premise is to get the property right certificate and land certificate, if the double certificate is complete and there is no other Huaichai debt, you can apply for a mortgage.
Whether the house that has not been handed over can apply for a mortgage, it depends on whether there is a real estate certificate, and in general, you can apply for a house mortgage with a real estate certificate. The application materials required for applying for a mortgage loan are: 1. Real estate certificate (the real estate certificate and land certificate must be mortgaged to the bank in the mortgage bank loan) 2. The ID card of the right holder and spouse 3, the household registration book of the right holder and spouse 4, the marriage certificate of the right holder (marriage certificate or unmarried certificate issued by the Civil Affairs Bureau) 5, income certificate (this certificate has a greater impact on the success of the mortgage bank loan and the highest amount.)
6. If the owner of the real estate certificate has a minor child, please provide a birth certificate 7. If there is a bank loan in the property, please provide the original loan contract and the last period of the bank statement In order to improve the approval rate of the house mortgage loan, please provide as much other property proof as possible of the family, (such as another real estate certificate, **, **, cash passbook, vehicle driving license, etc.) Specifically, you can consult the bank where you want to take out a loan.
According to the law, if a mortgage is created on immovable property such as a house, the mortgage shall be registered, and the mortgage shall be established only at the time of registration. However, according to the law, when applying for mortgage registration, the certificate of ownership of the house or the certificate of real estate right shall be provided. Therefore, a house without a title deed is a property with unknown ownership and cannot be mortgaged.
Article 399 of the Civil Code stipulates that the following property shall not be mortgaged: (1) land ownership: (2) the right to use collectively owned land such as homesteads, self-reserved land, and self-reserved land.
However, except for those that can be mortgaged by law:3) Educational facilities, medical and health facilities, and other public welfare facilities of non-profit legal persons established for public welfare purposes such as schools, kindergartens, and medical institutions
4) Property whose ownership or right to use is unclear or that is disputed by the royal call: (5) It has been seized in accordance with law. Seized and supervised property:
6) Other property that may not be mortgaged as provided by laws and administrative regulations.
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The real estate certificate is the legal certificate and basis of the owner of the house, and without the real estate certificate, there is a lack of legal evidence of the house, and there is no power to dispose of it easily. The process of a home mortgage loan:
1. Submit a loan application to the bank. When submitting the application, you need to state the purpose of the loan, the amount of the loan, and the term of the loan;
2. Submit relevant information to the bank. Lenders need to submit their own identity certificates, bank statements, work certificates, credit reports, house ownership certificates and other materials;
3. Commissioned evaluation. After the bank approves the relevant information of the borrower, it entrusts a real estate appraisal company to conduct on-site investigation and appraisal of the mortgaged house;
4. Confirm the loan amount. After the housing appraisal company sends the relevant appraisal report or survey opinion to the bank, the bank and the borrower determine the loan amount, loan term, interest rate, etc.; Judgment.
5. Sign the loan contract. The borrower signs a loan contract with the lending bank, and the loan contract is notarized by a notary public;
6. Mortgage registration procedures. After the loan application is completed, bring the house ownership certificate and the notarial certificate of the loan contract to the housing authority for mortgage registration;
7. Bank loans. After completing the mortgage registration procedures, the bank will release the loan after the bank has completed the review, and the borrower can repay the loan on time.
If the real estate certificate is not down, it cannot be settled. Nowadays, in most areas, the property title certificate is used as the standard to determine whether you have a fixed residence. According to the provisions of the current policy, you must get the real estate certificate and then go to the police station where the house is located to settle down.
If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration machine for registration before moving out, obtain a migration certificate, and cancel his or her household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority. Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
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1. Can I get a mortgage if the real estate certificate is not down?
1. If the real estate certificate has not come down, you cannot apply for a mortgage. The process of materials required to apply for a mortgage loan is as follows:
1) Property ownership certificate;
2) ID cards of the right holder and spouse;
3) The household registration book of the right holder and the spouse;
4) Marriage certificate of the right holder.
5) Proof of income;
6) If the owner of the real estate certificate has a minor child, provide the birth certificate;
7) If there is a bank loan in the property, please provide the original loan contract and the last bank statement;
8) In order to improve the approval rate of the house mortgage, please provide as many other family property certificates as possible.
2. Legal basis: Article 394 of the Civil Code of the People's Republic of China In order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.
Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged:
1) Buildings and other land attachments;
2) the right to use construction land;
3) the right to use maritime space;
4) Production equipment, raw materials, semi-finished products and products;
5) Buildings, ships, and aircraft under construction;
6) means of transport;
7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.
2. Can I buy and sell without the real estate certificate?
Can be bought and sold; However, the premise is that the purchaser agrees; Usually there is no real estate certificate, it is impossible to prove who the property rights belong to, and there is no real estate transfer without the real estate certificate, so the house cannot be bought and sold. In the second-hand housing transaction, the general process should be followed, and the buyer and seller should first form an agreement, that is, reach an agreement, and then go through the transfer according to the procedures.
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Summary. Hello <>
If you can't mortgage it, the real estate certificate is the legal certificate of house ownership, and under normal circumstances, you can't mortgage without getting the real estate certificate. According to the Interim Regulations of the People's Republic of China on Real Estate Registration, the real estate certificate is the final proof of real estate ownership, and only the holder of the real estate certificate can enjoy the corresponding rights and interests and carry out related transactions. If you haven't obtained your title deed yet, you can do so by following these steps:
If the relevant authorities delay or refuse to do so, you can file a lawsuit with the court to order the property deed and compensate you for your losses.
What should I do if I don't get the real estate deed?
Hello <>
If you can't mortgage it, the real estate certificate is the legal certificate of house ownership, and under normal circumstances, you can't mortgage without getting the real estate certificate. According to the "Interim Regulations of the People's Republic of China on Real Estate Registration", the real estate certificate is the final proof of real estate ownership, and only the holder of the real estate certificate can enjoy the corresponding rights and interests and carry out relevant transactions. If you haven't obtained your title deed yet, you can do so by following these steps:
If the relevant authorities delay or refuse to do so, you can file a lawsuit with the court to order the property deed and compensate you for your losses.
Additional note: The real estate certificate is an important legal document, which is of great significance for the confirmation of the ownership of the house, the housing transaction, the mortgage, etc.
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If you want to mortgage the house, you must wait for the real estate certificate to be done first. If you buy an existing house, it generally has little impact, but if the empty foundation is an off-plan house, it may take a long time to wait for the real estate certificate to come down.
What to look out for when getting a mortgage on a property.
1. The mortgage of the property needs to be in the name of the borrower, and if there is a third party who sues for co-ownership, a statement that the co-owner agrees to the mortgage must be issued at the time of mortgage.
2. In the certificate of marital relationship provided, if there is a divorce, the divorce agreement or court judgment needs to be submitted; If you are single after the divorce, you will need to provide proof of non-remarriage after the divorce.
3. The purpose of the loan needs to be clarified. Mortgage loans are generally used for decoration, study abroad, purchase of large family durable consumer goods and other consumer items, if consumers use mortgage funds in violation of regulations, they may be recovered by banks, so consumers should pay attention to policy risks.
4. If you don't pay off the loan, you can't apply for a mortgage. In other words, if the house is still under mortgage, the mortgage of the house is actually in the hands of the bank, although the borrower has the right to use, but does not have full property rights, so he cannot apply for a mortgage again.
5. The small property right house does not have the right to mortgage transactions. This is because small property rights are actually without property rights, and in case of policy-based land use planning, they will face the possibility of extinction, so financial institutions will not mortgage this type of property.
What documents do you need to provide for a mortgage on your house.
1. Information required for mortgage of existing real estate.
1. Real estate mortgage contract (signed by both husband and wife);
2. House ownership certificate;
3. A copy of the land use right certificate (original copy);
4. Real Estate Appraisal Report issued by a qualified appraisal agency;
5. Bank loan contract;
6. Proof of husband and wife relationship and copies of ID cards of both parties (original verification), and if you are single, the civil affairs department of the place where your household registration is located shall issue a certificate.
Information required for the mortgage of the second socks and off-plan real estate.
1. Pre-sale contract for house purchase;
2. Sign a loan contract with the bank for house purchase;
3. A copy of the receipt of the advance payment for the purchase of the house (the original is verified);
4. A copy of the marriage certificate of the husband and wife (the original copy is verified), and the certificate issued by the civil affairs department of the place where the household registration is located if they are single;
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Fang Liangyou Haozi who does not have a real estate certificate is not eligible for mortgage, so he cannot use grinding to apply for a mortgage loan. If there is a need for funds, you can also choose other ways to solve the funding problem.
The property in the property mortgage needs to meet the requirements:
1. Must have real estate certificate and land certificate;
2. No property rights disputes;
3. Have the ability to monetize;
4. It can be listed and traded.
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The house cannot be transferred without a title deed.
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According to the law, when the land use right is transferred, the ownership of the above-ground buildings and other attachments is transferred, and when the land user transfers the ownership of the above-ground buildings and other attachments, the land use rights within the scope of its use are also transferred. The title deed and the land deed are inseparable. From a legal point of view, the real estate certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable. >>>More