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Anonymous users2024-02-07If it is suspected of violating the law, it is difficult to be effective.
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Anonymous users2024-02-06Handing over the title deed to the creditor cannot act as a mortgage, and the mortgage takes effect from the date of registration. If the mortgage is made on the real estate that has obtained the real estate certificate in accordance with the law, the registration authority shall issue the mortgage with the mortgage other housing warrants.
1. Which department will handle the release of real estate?
Local Housing Authority. To revoke the mortgage registration, the property owner needs to bring his ID card, real estate certificate and the procedures issued by the bank after repayment to the local real estate department to go through the "mortgage release registration procedures". When applying for a loan from a bank, the mortgage of the house is handed over to the bank, and the mortgage is registered by the real estate authority, usually the local housing authority.
After the loan is repaid, the mortgage needs to be released, and the bank needs to issue corresponding procedures to release the mortgage registration, such as the loan settlement certificate, the bank legal person power of attorney, etc., and the property owner himself can go directly to the housing authority to go through the procedures for the release of the mortgage registration with these materials, ID card and real estate certificate.
2. Is there any other warrant for the house paid in full?
The house paid in full has other warrants. Other rights of the property refer to the rights of other groups or individuals other than the property owner and the co-owner, usually referring to the mortgage right, and the other title certificate is held by the other owner. It is a legal certificate issued by the land property rights registration authority to the mortgagee or pawn and other rights holders.
3. How to handle other housing warrants.
The certificate of other housing rights shall be handled at the housing property rights registration authority. After the registration of other rights, the housing management department shall issue a certificate of right held by the mortgagee. The house title certificate is a legal certificate issued by the housing property rights registration authority to the mortgagee or pawn and other rights holders.
The exercise of other rights by the holder of other rights in accordance with the law shall be protected by the laws of the state. If the other rights are mortgages, fill in the mortgagee recorded in the housing register; If the other right is an easement, fill in the easement person recorded in the housing register.
Article 34 of the Measures for the Administration of Urban Real Estate Mortgages.
If the real estate is mortgaged by the real estate with the house ownership certificate obtained in accordance with the law, the registration authority shall record other rights on the original "House Ownership Certificate" and the mortgagor shall receive the receipt. and issue the "Housing Other Title Certificate" to the mortgagee.
Article 394 of the Civil Code.
If, in order to guarantee the performance of the debt, 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 402 argues against Sun Raid.
Where the property provided for in items 1 to 3 of the first paragraph of Article 395 of this Law is mortgaged, or the buildings under construction as provided for in item 5 of this Law, the mortgage registration shall be completed. The mortgage is created at the time of registration.
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Anonymous users2024-02-05Legal analysis: handing over the title deed to the creditor cannot play the role of mortgage, and the mortgage takes effect from the date of registration. If the mortgage is made on the real estate that has obtained the real estate certificate in accordance with the law, the sedan chair registration authority shall issue the house other title certificate to the mortgagee of the hunger shed.
Legal basis: Article 402 of the Civil Code of the People's Republic of China Where the property provided for in items 1 to 3 of the first paragraph of Article 395 of this Law is mortgaged or the building under construction provided for in item 5 of this Law shall be registered. The mortgage is created at the time of registration.
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Anonymous users2024-02-04Legal Analysis: The house can be mortgaged directly to the creditor. At this time, the two parties need to sign an agreement, which can only be determined after negotiation between the two parties, and generally it can take effect after both parties sign.
If the mortgage is made on movable property, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.
Legal basis: Civil Code of the People's Republic of China
Article 403 Where movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.
Article 404 Where movable property is mortgaged, it shall not be used against a buyer who has paid a reasonable price and obtained the mortgaged property in the normal course of business.
Article 406 During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.
Where the mortgagor transfers the mortgaged property, it shall promptly notify the mortgagee. If the mortgagee can prove that the transfer of the mortgaged property may damage the mortgage right, it may request the mortgagor to pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.
Even if the borrower dies, then he will have parents, spouse, children, etc., and you, as the borrower, still need to repay the money, and need to return the money to the other party's parents, spouse, children, etc. >>>More
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If the borrower does not authorize the guarantor to sign in writing, the loan contract signed by the guarantor should be invalid, but if there is evidence that the borrower clearly knows and instructs, of course, the more important point is the fact that the borrower has actually received the loan, and the borrower cannot say it without knowing it. Of course, it also depends on the conditions in the specific loan contract and guarantee contract, and the part of the interest that exceeds the bank's loan interest rate for the same period is more than 4 times is not protected by law.
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1. Add the name of one of the husband and wife.
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