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The registration of real estate mortgage is a statutory act performed by both parties to the mortgage in accordance with the legal procedures of the real estate registration agency in order to make the mortgage valid. The purpose of the mortgage registry is to ensure security. The purpose of creating a mortgage is to ensure the safety of the funds of the main creditor's rights, and the rights of the mortgagee can be protected through the legal procedure of registration.
1. What is the process of real estate mortgage registration?
1.Mortgage application registration: To register a real estate mortgage, it is necessary to submit materials to the relevant authorities.
2.Acceptance of applications: Generally, the authorities will review whether the documents submitted by the applicant are true, and if they meet the requirements, they will be accepted.
4.Registration: For the approval of mortgage registration, the mortgage seal shall be affixed to the certificate of real estate rights, and the mortgage record shall be made in the real estate register. The mortgage record shall include the mortgagor, the mortgagee, the name of the mortgage, the area, the value, the amount of the mortgage and the term of the mortgage.
5.Toll issuance.
2. What materials are required for real estate mortgage registration?
1.Registration application form;
2.Valid documents such as the applicant's ID card and household registration booklet;
3.Certificate of ownership of the house or title of the property;
4.mortgage contracts;
5.Master Debt Contract;
6.Other materials.
The registration of real estate mortgage is generally handled a few days in advance, and it takes several working days to complete.
Hope it can help you, hope.
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What registration materials are required for applying for a mortgage.
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Nowadays, we ordinary people have a home of our own in a good era. Because we can now take out a loan to buy a house, we finally don't have to wait until we have saved enough money to buy a house. It's just that many of us still don't understand the situation of real estate mortgage registration.
So, let's talk to you, how to handle the registration of housing mortgage? What documents do I need to prepare?
How to register a mortgage?
1. Apply for mortgage registration.
The step of real estate mortgage registration is to apply to the registration authority first, and then the applicant needs to fill in the mortgage registration application.
2. Accept the application.
The registration authority shall examine whether the documents submitted by the applicant are true and complete, and if the application documents do not meet the requirements, it will not be accepted; If the documents meet the requirements, the application will be accepted and the application will be numbered and given a return receipt indicating the document received, the date of receipt and the number.
3. Conduct an audit.
The registration authority shall ascertain the status of the real estate rights of the housing section indicated by the application for transfer registration from the real estate register, examine whether the relevant documents are true, complete and valid, and if the relevant documents are verified and meet the requirements, it shall approve the registration and notify the mortgage party.
4. Register.
After the applicant's mortgage registration is approved, the registration authority will affix a special mortgage seal to the certificate of real estate rights and make a mortgage record in the real estate register. The mortgage record includes the mortgagor, the mortgagee, the name, area, value, mortgage amount and mortgage term of the mortgage.
5. Charge for the issuance of certificates.
The registration authority will return the certificate of real estate rights stamped with the special seal of real estate mortgage to the mortgagee party within the specified time, and the mortgagee party will collect it with the receipt, identity certificate and payment voucher. A certain fee is required for mortgage registration, and the collection standard shall be implemented in accordance with the relevant provisions of the state or locality.
6. File filing.
After that, the registration authority will establish a file of land and house registration in accordance with the regulations.
What documents do I need to prepare?
1. The original application for registration;
2. Proof of identity of the applicant;
3. The original and copy of the house ownership certificate, if it is a common house, the original written opinion of the co-owner agreeing to the mortgage shall also be submitted; If a mortgage is set on a house co-owned by shares, the co-ownership certificate of the other co-owners and the written proof of the co-owner's consent to the mortgage may not be provided;
4. State-owned land use certificate;
5. The original main creditor's rights contract and mortgage contract;
6. If the purchased public housing is mortgaged, the original purchase contract shall be submitted, and if the public housing has been purchased by the central government, the original confirmation form of the listing of the central housing shall be submitted;
7. The original list of houses that have been sold and registered for transfer as determined by the mortgage parties.
To sum up, this article mainly tells how to handle the housing mortgage registration, and what information needs to be prepared.
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Analysis of Legal Troubles:
The following materials must be submitted for the registration of real estate mortgage:
1. Application for real estate mortgage registration.
2. The identity certificate or legal personality certificate of the mortgage party.
3. Mortgage contract.
4. State-owned Land Use Certificate, Housing Ownership Certificate or Real Estate Certificate.
5. Documents and supporting materials that can prove that the mortgagor has the right to set up a mortgage answer.
6. Information that can prove the value of the mortgaged real estate.
7. Other documents deemed necessary by the registration authority.
Legal basis: Article 300 of the Civil Code of the People's Republic of China Article 97 Where a building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together.
Where the mortgagor does not mortgage together in accordance with the provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together.
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The following materials are required for the registration of real estate mortgages: (1) the identity certificate or legal personality certificate of the mortgage party; (2) Application for mortgage registration; 3. Mortgage contract. (4) "State-owned Land Use Right Certificate", "House Ownership Certificate" or "Real Estate Ownership Certificate", and the "Housing Co-ownership Certificate" and other co-owners agree to mortgage certificates must also be submitted for the co-owned house; (5) Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage; (6) Materials that can prove the value of the mortgaged real estate; (7) Other documents deemed necessary by the registration authority.
Article 32 of the Administrative Measures for the Registration of Urban Real Estate Mortgages.
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1. A copy of the business license; 2. The identity certificate or legal representative certificate of the mortgage party; 3. If the first person handles it, there should be a power of attorney from the legal representative or the party; 4. Loan contract (main contract); 5. Mortgage contract; 6. Proof of property rights of the collateral (including the Certificate of State-owned Land Use Right and the Certificate of House Ownership); 7. If the collateral is owned by a joint venture or a joint-stock company, there shall be a resolution of the board of directors approving the mortgage;
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The following documents shall be submitted to the registration authority for the registration of real estate mortgage: 1. Application for registration of real estate mortgage; 2. The identity certificate or legal personality certificate of the mortgage party. 3. Mortgage contract for buying a house.
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(1) The identity certificate or legal person qualification certificate of the mortgage party;
(2) Application for mortgage registration;
3) Mortgage contract;
4) State-owned Land Use Certificate, Housing Ownership Certificate or Real Estate Certificate, etc.
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If the real estate preservation lapses without the following circumstances, it can be transferred: (1) the land use right is obtained by way of transfer, but it does not meet the conditions prescribed by law; (2) Judicial and administrative organs decide to seal up or otherwise restrict real estate rights in accordance with law.
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When registering a real estate mortgage, both parties to the mortgage should bring the following relevant legal documents: 1. A copy of the business license; 2. The identity certificate or legal representative certificate of the mortgage party; 3. If the first person handles it, there should be a power of attorney from the legal representative or the party; 4. Loan contract (main contract); 5. Mortgage contract; 6. Proof of property rights of the collateral (including the Certificate of State-owned Land Use Right and the Certificate of House Ownership); 7. If the collateral is owned by a joint venture or a joint-stock company, there shall be a resolution of the board of directors approving the mortgage; 8. If it is a duplicate mortgage, the written document of the former mortgagee's consent to the re-mortgage shall be provided; 9. If it is a mortgage of a co-owned property, a written document agreeing to the consent of all co-owners should be provided; 10. The mortgagor shall have a written document stating that the collateral provided by the mortgagor is free of any legal defects; 11. Other legal documents related to mortgage.
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1. What materials should be brought for the mortgage.
The materials required for a mortgage are:
1. ID card and household registration book of the borrower and his or her spouse; (used to determine age, admittance, repatriation, and judicial intervention).
2. Marriage certificate (used to determine whether the ownership of the mortgage is clear);
3. Real estate certificate (used for evaluation, judging type, age, and regional access);
4. A copy of the company's business license (used to judge the type of experience, the number of years, the judiciary, the access to the association, etc.);
5. Other real estate of the borrower's family, (proof of assets and whether there is other residence).
6. Proof of use of office space (such as real estate certificate, lease contract, etc.);
7. In the past six months, the borrower, spouse and the company's account flow (proof of business situation and liquidity);
8. Upstream and downstream contracts (2 copies each, non-affiliated companies of the trading party);
9. Official seal, legal person, etc.;
10. Tripartite payment contract;
11. The front and back of the payee's ID card in the payment contract**;
12. The front and back of the beneficiary's bank card**.
2. How to handle the real estate mortgage registration procedures.
The main steps to go through the real estate mortgage registration procedures are:
1. Apply for real estate mortgage registration;
2. The applicant fills in the "Municipal Real Estate Registration Application Form" and submits materials;
3. The applicant may withdraw the registration before the final trial;
4. Handle the preliminary examination of real estate mortgage registration (1-2 working days);
5. The recipient of the window will issue a list of receipts and collect fees;
6. The recipient shall review the registration materials as required, enter the ownership registration information and sign the preliminary opinion;
7. If necessary, on-site investigation must be carried out;
8. Review of real estate mortgage registration (1-2 working days);
9. The reviewer shall review the registration materials as required, check the data of the electric leakage slag and sign the review opinion. If the conditions are not met, it will be returned and notified at one time to make up for it. If the requirements are not met, a notice shall be issued to the applicant of the decision not to register or suspend registration (within 7 days);
10. Handle the final review of real estate mortgage registration (1-2 working days), and the final reviewer will review the registration materials as required, check the electronic data and sign the final opinion. It is important to note that you cannot apply for a mortgage on a house that has not been paid off the loan. 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.
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1. The original and copy of the "House Ownership Certificate" and the original and copy of the "State-owned Land Use Certificate";
2. The original real estate mortgage contract;
3. The identity certificate of the mortgage party or the certificate of legal personality of the travel fraud;
4. Power of attorney (when entrusting others to handle it);
5. Application for real estate mortgage registration (provided by the mortgage registration department);
6. Marriage certificate or divorce certificate, etc.;
7. Other materials that need to be proven.
Legal basis] Article 19 of the Measures for the Administration of Urban Real Estate Mortgage stipulates that if the real estate is mortgaged by a common property, the mortgagor shall obtain the written consent of the other co-owners in advance.
1. What are the general requirements for real estate mortgage?
1. A natural person with full capacity for civil conduct, whose actual age at the maturity date of the loan is generally not more than 65 years old;
2. Have a legal and valid identity certificate (resident ID card, household registration book or other valid identity certificate) and marital status certificate;
3. Have a good information record and willingness to repay;
4. Have a proper occupation and stable income**, and have the ability to repay the principal and interest of the loan on time;
5. The property rights of the mortgaged houses should be clear, meet the listing and trading conditions stipulated by the state, and can enter the real estate market for circulation, without any other mortgages. The mortgaged house is not included in the local urban reconstruction and demolition plan, and has the real estate certificate and land certificate issued by the real estate department and the land management department;
6. Have the ability to pay the down payment for the purchased house; If the newly purchased house is used as the maximum mortgage, it must have a legal and valid purchase contract, the age of the house must be less than 10 years, and a down payment of not less than 30 of the full price of the purchased house must be prepared or paid; If the mortgage loan has been purchased and handled, the original mortgage loan has been repaid for more than one year, the balance of the loan is less than 60% of the value of the mortgaged house, and the house used to offset the mortgage has obtained the house ownership certificate, and the age of the house is less than 10 years;
7. The borrower has a legal and valid purchase contract or agreement;
8. Have a valid guarantee approved by the lender.
2. Matters needing attention to when mortgage real estate.
1. The age of the mortgaged property must be within 20 years;
2. The maximum loan term is 10 years;
3. The maximum loan amount is 70% of the appraised value of the house;
4. The implementation standards of interest rates of various lending institutions are inconsistent;
5. The real estate as collateral needs to have a real estate certificate and a land use certificate;
6. If the property in the name of another person is used as collateral, the consent of the other person is required;
7. The mortgaged property has the ability to be liquidated.
Real estate mortgage loan refers to a RMB loan in which the borrower mortgages the newly purchased commercial housing, and the lending bank provides the borrower with a package of financial services to meet the borrower's various needs such as the purchase of housing, parking spaces, large durable consumer goods, automobiles and housing decoration.
The maximum loan term for new housing loans is not more than 30 years, and for second-hand housing loans is not more than 20 years; The loan amount is 70% of the appraised value of the house; The loan interest rate shall be implemented in accordance with the loan interest rate of the same grade for the same period stipulated by the People's Bank of China, and the benchmark annual interest rate is 5 94.
Mortgage conditions: the life of the house is less than 20 years; The size of the house varies from bank to bank; The house should have a strong ability to liquidate; Generally, commercial housing, apartments, shops, and office buildings are required.
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