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First of all, you must have a valid certificate to prove that the house is yours, which can be proved by the unit, or you can go to the real estate company to check it, and the real estate company has the original file. If you report the loss on the grounds of loss, you must apply to the real estate company or the housing management department, mainly to prove that the house is all your proof, and then apply for the loss report of the real estate company or the housing management department, and publish an advertisement for the loss of the real estate certificate in the main local newspapers, some places require a period of 15 days - 20 days, and if no one comes out to raise an objection after the time limit, the reason for the loss of the real estate certificate is established. The new title deed will be reissued by the real estate company or the housing management department.
The real estate company or housing management department is also called the housing authority.
Once reissued, you will be able to declare that the private mortgage loan is invalid and you will not be held responsible.
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Legal analysis: go to the housing authority to report the loss in time, or reissue it in time.
Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.
In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time;
2) Inheritance or acceptance of bequests to acquire immovable property rights;
3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;
4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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Do the math how much it will cost you to renovate your home
There are many people in life who love to lose everything, and even such an important document as the real estate certificate may be lost, so how to report the loss of the real estate certificate? What are the procedures for reporting loss? Let's find out together!
What are the procedures for reporting the loss of the real estate certificate?
1. First go to the housing authority where the house is located to apply for a reissue, and write down the reason for the loss of the real estate certificate, etc., and then make a statement of loss; 2. Check the file with the real estate file department and ask it to issue a certificate of real estate ownership; 3. After that, report to the newspaper designated by the Housing Authority to publish the statement of loss of the real estate certificate; 4. Half a year later, the Housing Destruction Notification Bureau will issue an announcement on the invalidation of the previous real estate certificate; 5. The property owner shall bring the information such as the statement of loss and ID card to the housing authority to go through the procedures for registration and issuance of the certificate of loss.
What does the title deed do?
1. The real estate certificate is an important document issued by the house sale, lease, mortgage, etc., and the house cannot be bought and sold without the real estate certificate. The authenticity and validity of the real estate certificate must be verified in any transaction of the real estate certificate; At the same time, there is no real estate sales certificate, no transfer, gift and inheritance; Therefore, the title deed is the basic statutory document in the sale and purchase of a house.
2. There is no way to apply for a bank loan, and the house without the real estate certificate cannot be mortgaged, and the bank needs to use the real estate certificate as collateral for lending.
3. If the location of the house, the land is to be expropriated by the state, or the house is demolished, it is impossible to obtain the national demolition regulations and obtain demolition compensation without the real estate certificate. The small property that exists in the real estate market now has these problems.
4. If the developer mortgages the house for borrowing, the court will enforce the auction of the house due to debt problems, and then use the auction money to mortgage the repayment.
5. Without the real estate certificate, you cannot continue to apply for use after the use period of the house expires.
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The property owner shall fill in the application and guarantee letter for the replacement certificate with his valid identity document to the Housing Archives, copy the housing drawings and documents in the archives and issue a certificate of inquiry of housing ownership, and apply for a replacement certificate at the Housing Authority after publishing the loss in the newspaper.
[Legal basis].Article 21 of the Interim Regulations on the Registration of Immovable Property.
The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.
Twenty-seventh Cover Strip.
Rights holders and interested parties may inquire into and reproduce immovable property registration materials in accordance with law, and the immovable property registration authority shall provide them. Relevant state organs may, in accordance with the provisions of laws and administrative regulations, inquire into and reproduce immovable property registration materials related to matters investigated and handled.
Article 60 of the Law on the Administration of Urban Real Estate.
The State implements a system of registration and issuance of certificates for land use rights and house ownership.
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Summary. Dear, I am glad to answer for you: if the real estate certificate is lost, first of all, we should go to the Housing Authority to handle the registration and replacement of the lost ownership certificate according to the following procedures, and the specific process is as follows:
1. The owner of the housing right should go to the Municipal Housing Management Bureau with his ID card and fill in the declaration of loss of the real estate certificate; 2. Go to the real estate archives to check the file and issue the real estate ownership certificate (the real estate archive charges the file search fee); 3. Publish a statement of loss of ownership certificate in the newspaper One month later, the housing management department issued an announcement on the invalidation of the house ownership certificate; 5. The owner of the housing right shall go through the procedures for registration and issuance of the certificate of loss with the original newspaper, ID card and copy of the original newspaper, ID card and copy of the notice of loss published in the declaration of loss and the announcement of invalidation.
Dear, I am glad to answer for you: if the real estate certificate is lost, first of all, we should go to the Housing Authority to handle the registration and replacement of the lost ownership certificate according to the following procedures, and the specific process is as follows: 1. The housing right holder should go to the Municipal Housing Authority with his ID card and fill in the declaration of the loss of the real estate certificate; 2. Go to the real estate archives to check the file and issue the real estate ownership certificate (the real estate archive charges the file search fee); 3. Publish a statement on the loss of the certificate of ownership in the newspaper A month later, the housing management department will issue an announcement on the invalidation of the certificate of ownership of the house; 5. The owner of the housing right shall go to the Municipal Real Estate Transaction Management Office to go through the procedures for registration and issuance of the certificate of loss with the original newspaper, ID card and copy of the original newspaper, ID card and copy of the announcement of the loss.
Article 27 of the Housing Registration Measures If the housing ownership certificate and registration certificate are damaged, the right holder may apply to the housing registration agency for replacement. Before the housing registration agency renewes the issue, it shall take back the original housing ownership certificate and registration certificate, and record the matters in the housing registration book.
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The process of reporting the loss of the real estate certificate: 1. The owner of the house should go to the Municipal Housing Management Bureau with his ID card and fill in the declaration of loss of the real estate certificate. 2. Go to the real estate archives to check the file and issue a certificate of real estate ownership.
3. Publish a statement of loss of ownership certificate in the newspaper One month later, the housing management department issued an announcement on the invalidation of the house ownership certificate; 5. The owner of the housing right shall go through the procedures for registration and issuance of the certificate of loss with the original newspaper, ID card and copy of the original newspaper, ID card and copy of the announcement of the loss and the announcement of the invalidation of the property.
Article 60 of the Law on the Management of Urban Real Estate When real estate is transferred or changed, it shall apply to the local people's real estate management department at or above the county level for registration of real estate change, and apply to the people's land management department at the same level for the registration of change of land use right with the house ownership certificate after the change, and the people's land management department at the same level shall replace or change the land use right certificate after verification by the people's land management department at the same level. If the law provides otherwise, it shall be handled in accordance with the provisions of the law on renting bending beams. [Legal basis].
Article 34 of the Administrative Measures for the Sales of Commodity Housing Real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the materials required for the application of real estate certificates to the competent real estate department where the housing is located.
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