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1. If the house is guaranteed, but the house mortgage is not registered, the house guarantee is invalid. The owner of the house can ** the house and go through the transfer procedures.
2. If the mortgage has been registered, without the consent of the mortgagee, the owner of the house shall not ** the house and cannot go through the transfer procedures.
Article 187 of the Property Law Where the property provided for in Items 1 to 3 of the first paragraph of Article 180 of this Law is mortgaged or the building under construction as provided for in Item 5 of this Law is mortgaged, the mortgage registration shall be completed. The mortgage is created at the time of registration.
Article 180 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) Wasteland and other land contracting and management rights obtained by means of bidding, auction, public consultation, etc.;
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.
Article 191 During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, it shall 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.
During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except for the transferee to pay off the debts on behalf of the mortgagee and extinguish the mortgage.
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Hello, use a copy of the title deed as a guarantee, if you don't sign it, the guarantee is invalid and you can sell the house. If you sign and agree to the guarantee, it can be regarded as a guarantee guarantee, you will be jointly and severally liable, and the house can be resold. The real estate mortgage guarantee must be filed with the real estate department, or apply for other warrants, and the copy is invalid for the mortgage.
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Summary. Dear, I'm glad to answer for you to give someone someone a guarantee, and it has nothing to do with selling a house. If there is no designation.
It doesn't affect you to sell your house. If the person you sponsor is dishonest, you will be held legally responsible. Including financial guarantee liability, the house is impossible to pursue.
Available from your other economy**.
Is it related to selling a house to someone else?
Dear, I'm glad to falsely block your pure reputation to answer the question of guaranteeing others, and it has nothing to do with selling a house. If there is no designation. It doesn't affect you to sell your house.
If the person you sponsor is dishonest, you will be held legally responsible. Including financial guarantee liability, the house is impossible to pursue only **. Available from your other economy**.
For example, Article 419 of the Civil Code of the People's Republic of China provides that the mortgagee shall exercise the mortgage within the limitation period of the main creditor's right; and where it is not exercised, the people's courts will not protect it. 2. Then it is recommended to actively go to the court to explain the situation, because the guarantee liability may have been exempted.
It is necessary to keep a clear eye and actively exercise one's litigation rights. 3. If there is no agreement on the way to bear the guarantee liability, it is a joint and several liability guarantee; If there is no agreed guarantee period, it shall be within six months after the repayment period agreed upon by the arrears. If the guarantor is not sued for more than six months, the guarantor will no longer be liable.
If the guarantor of the joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to request the guarantor to bear the guarantee liability within six months from the expiration of the debt performance period. If the creditor does not require the guarantor to bear the guarantee liability during the guarantee period agreed in the contract and the guarantee period provided for in the preceding paragraph, the guarantor is exempted from the guarantee liability.
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Legal analysis: During the mortgage period, the mortgagor can transfer the house, but it needs to be agreed by the mortgagee, and the value of the transfer of the house must be given priority to pay off the secured debt.
Legal basis: Article 406 of the Civil Code of the People's Republic of China During the mortgage period, the mortgagor may transfer the mortgaged property. Where the parties agree otherwise, follow the 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.
If the transfer price exceeds the amount of the creditor's rights, the clan shall be owned by the mortgagor, and the debtor shall pay off the shortfall.
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Legal analysis: The house can be sold with a guarantee, and the mortgagor can transfer the mortgaged property during the mortgage period. Where the parties agree otherwise, follow their agreement. If the mortgaged property is transferred, the mortgage right shall not be affected.
Legal basisArticle 406 of the Civil Code of the People's Republic of China 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. If 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 be relinquished by the mortgagor, and the debtor shall pay off the shortfall.
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