Someone else mortgaged my house to the bank, and I don t know it, can I get the house back?

You don't know, how can the house be mortgaged without your family's house book? It depends on who in your family knows and who agrees, otherwise the house will not be mortgaged. If someone else steals your documents and applies for a mortgage, you should call the police, solve the case through the police, and get the house back.

You can come back. The house is yours. You have the right to process. Do whatever you want.

If the owner of the house has your name written on it, then you can get the house back without knowing it, and if the house is not in your name, then you will not come back.

You'll have to pay the money back, and you'll usually not get it back.

First of all, this is your house, how to mortgage it without your signature, unless it was able to operate like that n years ago, now you have to have a real estate, and the person on the certificate can mortgage it, unless your real estate certificate is in your father's name, otherwise you can directly sue the bank.

Your father mortgaged, why didn't he tell you first, the real estate certificate is in your name, it should be okay, communicate with your father first, why do you want to do this.

Bank mortgages need to confirm the signature of the person, first of all, how can your house be mortgaged by others? If you don't sign the mortgage yourself, you can definitely sue.

It can be mortgaged and the bank has gone through the procedures, so naturally the title certificate is not yours.

If the house has been sold to someone else and mortgaged to the bank, the buyer has the right to demand compensation from the seller, of course, if the seller does not take ownership of the property, the sale is illegal.

If the contract is signed with you first, and the mortgage is given to the bank later, then you should immediately consult a lawyer and prepare to go through legal channels;

If the mortgage is given to the bank first, and the contract is signed later, you can coordinate with the seller to let the other party release the mortgage.

The house has been mortgaged to the bank, and it is still possible to rent the house to someone else, but it must be stated at the time of signing the contract that the house is mortgaged. During the mortgage period, it does not mean the transfer of property rights, but the owner is not allowed to ** the property before the mortgage is released, but it does not affect the rental.

The house is still yours, it's okay. If you can't repay the loan, you will be auctioned off by the bank.

Yes, the bank just took your red book, and you can use your own house as much as you want.

Legal Analysis: Impact, when the other party is unable to repay the debt, the mortgagee can request the auction of the house to be repaid in priority.

Legal basis: Article 394 of the Civil Code of the People's Republic of China Where the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, 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.

Summary. Dear, I'm glad to answer for you: there is no way to get it back if you are mortgaged. The mortgaged house cannot be recovered, according to the real estate law, the mortgage must be paid off in full before **.

If the mortgage cannot be repaid, the bank will take back the house, and what if the title deed is taken by the head of the household to find a private mortgage and cannot get it back.

Dear, I'm glad to answer for you: If you are mortgaged, you can't get it back. According to the real estate law, the mortgaged money must be paid off before Jingqiao can **.

legal basis; Article 50 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that: "If the land use right to set up a real estate mortgage is obtained by way of allocation, after the real estate is auctioned in accordance with the law, the mortgagee shall pay an amount equivalent to the amount payable from the price obtained from the auction for the demolition and burning of the land use right, and the mortgagee shall be compensated in priority." ”

Then what should I do if I can't pay off the mortgage here, and the bank wants to repossess the house, and I can't get my real estate certificate back?

The two sums of money are yours at the same time as the real estate deed.

Otherwise, it can't be helped.

I still have a mortgage that I can't pay yet, and I can't pay it back now.

The mortgage is not yet on the bank, and the bank wants to **.

When the mortgage is not repaid, the bank will take the house away, and I can't get the real estate certificate back, what will be the result of this situation?

Can I report the loss of the title deed now and go for a replacement?

It's useless. It's useless to report the loss if you don't even have it.

I borrowed money from a private mortgage, and I didn't say that I used the real estate certificate as collateral, but just a verbal agreement.

The mortgage has not been repaid, and the loan will not be recovered. No matter what agreement you make, if you mortgage it to someone else, you can take it away if the mortgage period is not repaid.

It's right that the bank took the house, does it matter if I can't get the real estate certificate?

If the house is collected, it is not yours, it is all mortgaged, and it does not belong to you. Take away the auction and pay back.

Summary. Fight against mortgages.

The house has been sold to me, but the other party mortgages it to the bank, what should I do?

Hello, I am Mr. Huang Zhiling, a cooperative lawyer of LegalPro Platform, and I am happy to serve you.

Hello. What is the order of signing the sales contract and the mortgage contract?

Is there an authoritative case?

There must be cases, but I don't know your specific demands now, and the focus of the dispute is **.

Sign the sales contract first and deliver it. Homeowner after mortgage.

I deliver, but there is no transfer.

It's okay, if there is a dispute in the future, and someone wants to enforce your property, you can claim preemption.

Fight against mortgages.

There is no transfer of ownership. It's been a few years.

Is there no way to transfer the ownership, or is the original owner not cooperating with the transfer?

At first, it was difficult to transfer the title (not getting the certificate). Later, the original owner got the certificate and went to the mortgage again. Banks insist on mortgages.

The mortgage is registered.

You've actually lived there for several years, haven't you?

Once the mortgage is registered, I understand that you can claim to offset the bank's mortgage with your sales contract.

Yes. But the responsibility of the household is not clear, and they all say that the other party does not cooperate. Is the registration of a mortgage more effective than the effect of possession?

In the Civil Code, registration takes precedence.

But yours is in a special situation, so there is still room for manipulation.

That's mortgage first!

Well, the law is dead, and there are still successful cases in practice.

If the house has been mortgaged to the bank, the rent can be rented, and the tenant Tongtong will continue to be valid for the transferee of the mortgage during the validity period.

According to Article 65 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China, if the mortgagor mortgages the leased property, the lease contract shall continue to be valid for the transferee of the mortgage during the validity period after the mortgage is realized.

Article 66 Where the mortgagor leases out the mortgaged property, the lease contract shall not be binding on the transferee after the mortgage is realized. When the mortgagor leases out the mortgaged property, if the mortgagor fails to inform the lessee in writing that the property has been mortgaged, the mortgagor shall be liable for the losses caused to the lessee by leasing the mortgage; If the mortgagor has informed the lessee in writing that the property has been mortgaged, the lessee shall bear the losses caused by the realization of the mortgage right.

1. After the house is mortgaged to the bank, if the value of the house is greater than the amount of the secured debt, the mortgagor can mortgage the old house to the individual again, but the balance shall not be exceeded.

2. Civil Code of the People's Republic of China

Article 420:[Definition of Maximum Mortgage]In order to secure the performance of a debt, if the debtor or a third party provides security property for the creditor's rights that will continue to occur within a certain period of time, and the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee has the right to be repaid in priority for the secured property within the limit of the maximum amount of the creditor's rights.

Claims that already exist before the establishment of the maximum mortgage may be transferred to the scope of claims secured by the maximum mortgage with the consent of the parties.

1. What is the impact of the mortgage on the mortgagor.

1. The rights of the mortgagor:

1) retain possession of the collateral;

2) create a compound mortgage within the value of the collateral;

3) The right to dispose of the collateral in accordance with the law.

2. Obligations of the mortgagor:

1) the obligation to keep the collateral intact;

2) In the case of the disposal of the registered mortgage, there is an obligation to inform the mortgagee and the assignee or their related persons.

3. If the mortgagor mortgages the leased property, it shall inform the lessee in writing that the original lease contract shall continue to be valid, and if the mortgagor transfers the registered mortgage during the mortgage period, it shall notify the mortgagee and inform the transferee that the transferred property has been mortgaged; If the mortgagor fails to notify the mortgagee or the transferee, the transfer shall be invalid. If the price of the transferred collateral is obviously less than its value, the mortgagee may require the mortgagee traveler to provide corresponding security; If the mortgagor does not provide it, the collateral shall not be transferred. The mortgagor shall pay off the secured creditor's rights to the mortgagee in advance or deposit it with a third party agreed with the mortgagee.

The part exceeding the amount of the creditor's right shall belong to the mortgagor, and the debtor shall pay off the shortfall.

It should be noted that the effect of a mortgage security generally extends to the collateral and its collaterals and subordinate rights. Where property that has already been mortgaged is subject to property preservation or enforcement measures such as sealing or seizure, the validity of the mortgage does not affect it.