How do I check if my property is mortgaged?

Buyers can find the relevant real estate department to inquire about the relevant files, generally buying and selling or mortgaged houses, the files can be found in the real estate department, so you only need to bring the relevant documents to the real estate department to check whether your house is set up mortgage. In addition, when buying a house and signing a contract, you should read the house title certificate clearly. In general, the house without a mortgage is empty in the "other rights" column of the real estate certificate (that is, the name of the owner, the address, the area, etc.), and if it is a mortgaged house, it is recorded in the real estate certificate.

Therefore, from the "other rights" column of the real estate certificate, you can know whether it is a mortgaged house by looking at whether it is registered.

If the mortgage is made, the property right certificate is stamped with the mortgage seal, and if the mortgage is handled, the property right certificate is deposited in the bank and returned to the customer when the loan is repaid; Another way is to go to the trading center where the house is located.

Real estate mortgage: Real estate mortgage means that the property owner uses the deed as collateral to obtain a loan and pay interest on time.

The property rights of the house are still managed by the property owner, and the creditor only pays the interest on time, but does not have the right to use and manage the house.

If the debtor fails to perform its debts, the creditor has the right to dispose of the mortgaged house in accordance with the law and receive priority in the payment of the proceeds from the disposal of the mortgaged house.

The party who provides the mortgaged house is called the mortgagor, and the original creditor who accepts the mortgaged house is called the mortgagee.

The mortgagor must have full civil capacity, and a person who has no capacity for civil conduct and limited civil capacity may not create a mortgage on the house.

There are two ways to check whether the property is mortgaged:

1. Online inquiry. If you have already applied for a real estate certificate, you only need to enter the official ** of the local real estate management bureau and enter the name of the property owner and the property right certificate number for inquiry. If you have not yet applied for the real estate certificate, you can check the housing sales contract at the Housing Authority**, enter the contract number and password (the password can consult the developer), generally speaking, at this time, the contract record number is found, and there is no problem with the contract after the record, and the possibility of real estate certificate fraud is relatively small.

2. Real estate bureau inquiry. If you want to inquire about the accurate mortgage information of the real estate certificate (including: the name of the house owner, the property right certificate number, the date of registration approval, the construction area, the design and use of the house, the rights**, whether the house is mortgaged, whether it is sealed by pure reserves, etc.), you must bring your personal identity documents and real estate certificate to the local housing authority (real estate trading center, housing management bureau, housing management office) archives or window for inquiry.

Buyers can go to the local housing property management center to check the file. If there is a mortgage, they will register it at the housing management center and all mortgages can be queried. It can be registered in the "Patient Rights" of the homeowner's title deed, and any mortgage or discharge will be noted on it; Buyers and sellers can also bring their ID cards and real estate certificates directly to the local housing property management center for window inquiry, or on the official website of the local housing property management center; Under normal circumstances, you can check whether there is a mortgage.

Basic procedures for real estate mortgage registration:

1. Application for mortgage registration.

To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority:

1) Application for registration of real estate mortgage;

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 create a mortgage;

6) Information that can prove the value of the mortgaged real estate;

7) Other documents deemed necessary by the registration authority.

2. Accept the application.

Review 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 application documents meet the requirements, it will be accepted, and the application will be numbered and given a return receipt, indicating the documents received, the date of receipt and the number.

3. Audit. 4. Registration.

1) For the approved mortgage registration, the mortgage seal shall be affixed to the real estate right certificate, and the mortgage record shall be made in the real estate register. The mortgage record should include the mortgagor, the mortgagee, the name, area, value, mortgage amount and mortgage term of the mortgage.

2) When the pre-purchased real estate is mortgaged, the special seal of the mortgage shall be affixed on the sales contract.

5. Charge for the issuance of certificates.

1) The standard of collection of registration fees shall be implemented in accordance with the relevant provisions of the state or locality.

2) The real estate right certificate stamped with the special seal of real estate mortgage shall be returned to the mortgagee party within the specified time (the mortgagee party shall collect it with the receipt, identity certificate and payment voucher).

6. File filing.

Establish a file for land and real estate registration in accordance with regulations.

The way to check whether the real estate is mortgaged is: you can click on the provincial and municipal links to enter the name of the property owner and the property right certificate number to enter the local real estate management bureau** for inquiry, or you can bring your personal identity document and real estate certificate to the local housing authority archives or window for inquiry.

Civil Code of the People's Republic of China

Article 399.

The following properties may not be mortgaged:

a) land ownership;

2) The right to use collectively owned land such as homesteads, self-retained key cave land, and self-retained mountains, except where the law may be mortgaged;

3) Educational facilities, medical and health facilities, and other public interest 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 disputed;

5) Assets that have been sealed, seized, or supervised in accordance with law;

6) Other property that laws and administrative regulations provide must not be mortgaged.