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A house without a title cannot be mortgaged.
Article 34 of the Security Law The following properties may be mortgaged: (1) houses and other fixtures on the ground owned by the mortgagor; (2) machinery, means of transportation and other property owned by the mortgagor; (3) State-owned land use rights, houses and other fixtures on the ground that the mortgagor has the right to dispose of in accordance with law; (4) State-owned machinery, means of transport and other property that the mortgagor has the right to dispose of in accordance with law; (5) The land use rights of barren hills, barren ditches, barren hills, barren beaches and other wastelands contracted by the mortgagor in accordance with law and mortgaged with the consent of the contract issuing party; (6) Other property that may be mortgaged in accordance with law. The mortgagor may mortgage the property listed in the preceding paragraph.
As mentioned above, Article 34, Paragraph 1, Item 1 of the Guarantee Law clearly stipulates that "houses and other fixtures on the ground owned by the mortgagor" can be mortgaged, please note that the word "all" is not within the scope of mortgageable property as stipulated in the Guarantee Law.
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Is it useful to mortgage a house without title to you? Who can prove that the house is the man? If the person is only renting the house temporarily, and then he mortgages the house to you, and the owner comes back, don't you want to return the house to the owner?
Assuming that the house is indeed the same person, but the title deed has not been made yet, can you guarantee that he will not transfer the house to someone else? First of all, you must know that you and that person are in a creditor's rights and debts relationship, the house mortgage to you is just a kind of security, and the property right of the house is a kind of property right, which is different from the creditor's rights and debts, that is to say, that person has the first right to dispose of the property right, even if the house is mortgaged in your hands, but in the end it is still up to him to have the final say. What's more, this house is still a house without property rights.
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Houses without title deeds cannot be transferred. Here's why:
1. The real estate certificate buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law;
2. Before China, China adopted a property rights registration system, and only houses that have obtained real estate certificates can be traded twice, and houses that have not obtained real estate certificates are prohibited from being listed for trading;
3. The house without the real estate certificate is not filed with the Housing Authority, and there is no transfer.
There are two situations for the transfer of ownership of a house that can be issued with a real estate certificate, but has not yet been issued with a real estate certificate:
1. If the commercial house is not completed and accepted, it can be renamed, but it is necessary to go to the relevant units of the city to issue an unfinished inspection report, and the developer submits the reason for the contract name change, and pay the relevant handling fees at this time.
2. If the commercial house has been completed and accepted, the name cannot be changed, but the name of the property right certificate can be changed in the form of a gift after the property right certificate is processed.
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A mortgage on a house without a real estate certificate or real estate certificate is not legally valid.
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It is recommended that you take the legal route, or find a notary public for notarization, and the other person thinks that it is better to discuss it as much as possible, after all, they are all a family.
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This requires him to be willing to go to the Civil Affairs Bureau to go through the transfer procedures with all kinds of real estate related certificates, and to handle all the accounts of the house in your name.
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Your brother owes you money, how can he mortgage his mother's house to you? Are you embarrassed to ask for it? Mortgage your mother to live in the future? What would she think?
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Will the real estate certificate be issued? Or will the real estate deed be issued later?
If you will not issue a real estate certificate in the future, it is recommended that you do not buy, you will not get any legal protection to buy such a house, and the law stipulates that property without property rights cannot be bought and sold, and the hidden dangers are also very large. If you are demolished, you will not get any compensation!
If the real estate certificate will be issued in the future, it is recommended that you only sign a three-party sales contract with him through an intermediary (a very professional intermediary will sign this kind of contract, and the signing method is very different from the general sales contract), pay a deposit, if necessary, only pay 5% of the building price at most (provided that you can live in advance).It is advisable to pay only the deposit, as the more money you pay, the greater the risk. Why?
Because no one knows what will happen in the future, if the seller divorces before the transfer of the house, if the seller mortgages the house to the bank to get the money and then disappears before the transfer with you, etc., like these situations, you can only get back the money you have paid at most, and you will be lucky to get back the full amount you have paid! (The purchase contract, agreement, etc. signed before the real estate certificate is not issued, the purchase contract is not established, and the responsibility is difficult to recover).
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Sign the house sales contract and do it fairly, if you buy it in full, you must press a part of the money and can't give it for the time being. The additional clause writes liability for breach of contract.
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Get a lawyer, a simple agreement is too hard to bind both parties. In 5 years, no one knows what changes in housing prices. In the event of a doubling of **, the seller may break the contract by 100%. So this step must be done well.
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This kind of house cannot be bought, and it is difficult to solve disputes in the future. The first floor is a first-hand house, and the second floor is a house with a property certificate. There is no legal instrument to protect your rights and interests.
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Joint Construction of Residential Agreement Party A: Party B: In accordance with the provisions of the National Contract Law and relevant laws and regulations, Party A and Party B have reached an agreement on the joint construction of the ** residential project after friendly negotiation as follows:
1. For the scale of the project and the investment in the construction of the first residential project, Party A and Party B shall provide land and Party A shall invest in joint construction in accordance with the principle of "voluntary alliance and mutual benefit". Party B provides 25 acres of land for construction from its own reserve residential land on the north side of ** new village, and the two parties agreed to build 7 six-story residential buildings, arrange 380 sets of housing, with a total construction area of 10,000 square meters, and an estimated investment of 10,000 yuan. 2. Timing of the construction of the first residential project, which is expected to start in March 2008 and be completed in September 2009, with a period of one and a half years.
3. Project construction and sales 1, the whole project from the relevant procedures, planning and design, recruitment of construction team, site three links and one level, project management, residential construction, road pipe network paving and other projects, are responsible for Party A, all costs borne by Party A. 2. In addition to the sale of the house by Party B, the rest of the houses are sold by Party A in the name of Party B. 3. *Villagers need to use the household registration book to buy a house, and Party B has approved and proved that on the basis of the market price of square meters, each square meter will be discounted @ @元.
4. During the construction, Party B does not interfere with Party A's financial management, but has the right to supervise and advise Party A to ensure the smooth progress of the project. 5. Party A borrows Party B's water and electricity for construction, installs water meters and electricity meters, and pays Party B's water and electricity bills by monthly meter reading. IV. Cooperation Fees and Payment Methods:
1. Cooperation costs: In view of the land provided by Party B for Party A's investment and sale of houses, it is agreed that Party A will give Party B a cooperation fee of RMB 10,000 yuan, and a building area of one building of ** square meters, as compensation for Party B's economic interests. 2. Payment Methods:
1) After the agreement is signed, Party A will pay Party B a cooperation fee of 10,000 yuan for land procedures; (2) After the project progresses to the cap of the main body, Party A will pay Party B a cooperation fee of 10,000 yuan; (3) After the project is completed and accepted, Party A shall pay off the balance of Party B's cooperation fee of 10,000 yuan;
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How much to borrow, how much is the value of the property, how much is the interest, how long to borrow, when will the interest principal and interest be repaid, if it is not repaid on time, then it must be written that the owner of the house belongs to you, and after paying in full, return the real estate certificate to him. The time, place, person, certifier (guarantor), etc. should be indicated, and the value of the property cannot be lower than the loan
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It is recommended that you find a notary office under the local formal judicial department to do a notarization, and let them guide you to do it to ensure that nothing goes wrong.
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The agreement is not important, the important thing is to register the mortgage with the housing management department, so that you don't know that he sold the house, so that your claim can be fully preserved. There are many agreements on the Internet, and it doesn't matter.
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You're borrowing money from someone else, right?
Find a mortgage contract online and go to the real estate department to register (it is useless not to register).
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It's not okay to do a notarization.
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Do you lend money to someone else ?
I don't understand what it means!
You don't have the right to lend money to someone else! ~~
You're asking the wrong question. Click on the details of your situation!
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Other people's loans to personal housing mortgage is a guarantee nature, the house within 20 years, the owner is under the age of 65, meet this condition, you can carry out the mortgage guarantee, of course, this must be written agreement, in case the mortgaged house can not be recovered on time, the specific content you can negotiate.
Mortgage form: Mortgage loan is divided into two forms: maximum mortgage and traditional mortgage, the maximum mortgage refers to the agreement between the mortgagor and the mortgagee to use the collateral to guarantee the continuous occurrence of claims within a certain period of time within the limit of the maximum amount of creditor's rights, which is a new mortgage system different from the traditional mortgage system, and the difference between it and the traditional mortgage system is as follows:
1) The claim secured by the maximum mortgage is an indefinite claim;
2) the claims secured by the maximum mortgage are usually future claims;
3) The maximum mortgage must be paid beyond the maximum limit.
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This is not much different from a regular mortgage contract.
It's nothing more than a mortgage on the title deed. There is this model mortgage contract. You just add the terms or instructions you want to add to your box. You can go to Xinhua Bookstore to buy a contract template by yourself.
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