4 Can the daily interest be registered at the real estate office?

1. The real estate bureau does not intervene in whether the interest is illegal, as long as the borrower and the borrower are voluntary, they can go through the mortgage registration, obtain other rights certificates, and the creditor holds other rights certificates. Therefore, it is completely possible to register the mortgage.

However, the daily interest rate of 4 percent is pure usury. If the monthly interest rate is less than 3%, it is not usury. If the debtor or borrower requests a refund of the excess amount that has been paid if the monthly interest rate exceeds 3%, the people's court will support it.

However, it must be noted that after the creditor holds other warrants, if the debtor fails to repay the principal and the legal interest part within the agreed period, the creditor has the right to auction or retain the collateral. The price owed by the debtor shall be repaid in priority with the price of the auction or lien of the collateral.

2. In accordance with the provisions of the law or in accordance with the agreement of the parties, the performance of the debt may be guaranteed in the following ways:

a. The guarantor guarantees to the creditor that the debtor will perform the debt, and if the debtor fails to perform the debt, the guarantor shall perform or bear joint and several liability in accordance with the agreement; The guarantor has the right to recover from the debtor after performing the debt.

b. The debtor or a third party may provide certain property as collateral. If the debtor fails to perform its debts, the creditor shall have the right to be repaid in priority in accordance with the provisions of the law at a discount of the collateral or the price of the sale of the collateral.

c. One of the parties may pay a deposit to the other party within the scope prescribed by law. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform its debts, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform its debts, it shall return double the deposit.

d. If one party takes possession of the other party's property in accordance with the contract, and the other party fails to pay the amount payable in accordance with the contract beyond the agreed time limit, the person in possession has the right to retain the property, and in accordance with the provisions of the law, the retained property shall be discounted or the price of the property sold shall be repaid in priority.

3. If the annual interest rate agreed between the borrower and the borrower is less than 24%, and the lender requests the borrower to pay the interest in accordance with the agreement, the people's court shall support it.

If the annual interest rate agreed upon by the borrower and the borrower exceeds 36%, the excess part shall be invalid, and the borrower's request for a refund of the excess amount already paid shall be supported by the people's court.

The judicial basis is Article 89 of the General Principles of the Civil Law of the People's Republic of China.

The judicial basis is Articles 198 and 211 of the Contract Law of the People's Republic of China.

The judicial basis is Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

Registration can be carried out, but this agreement obviously exceeds the scope of four times the bank's loan interest for the same period, and the excess part is invalid.

It is also possible not to cancel the mortgage transfer according to the current land registration law (the real estate registration law has not been carefully read since the implementation of July 1), but you have to bear the debt, and the mortgagee has to agree to it, and because the procedures are very troublesome and the risk is unforeseeable because of the new regulations, and the operability is not strong, so the transfer cannot be done.

There is no hard and fast rule that the property that does not cancel the mortgage registration does not belong to the property, but many real estate registration application forms have a statement of guarantee in front of the signature column, one of which is "the applicant guarantees that the property is free of mortgage and no disputes."

For properties with mortgage registration, the mortgage registration is recorded on the title certificate.

If the mortgage registration is not cancelled after the property is registered, the transfer of ownership cannot be made.

Yes. The transfer must have a property right certificate, how to obtain the certificate if you do not cancel the mortgage registration, and how to transfer the ownership? After returning the money and obtaining the certificate, you can transfer the ownership normally.

If the buyer also takes out a loan, he can go to the remortgage, and the procedure is very troublesome! If the buyer wants to pay in full, he must repay the loan!

Yes, you yourself have figured it out.

Hello, go to the real estate bureau to apply for mortgage warrants, as long as the information is complete, you can get it. The mortgage of other warrants has no validity period on the creditor, and is limited to the repayment of debts and the release of the mortgage.

No, just wait until you sign it.

According to the provisions of the Property Law, at the same time as the land is mortgaged, the above-ground real estate is mortgaged at the same time, and the real estate is mortgaged and the land is mortgaged at the same time, that is, the real estate and the land cannot be mortgaged separately (but can be registered separately), so according to the principle of good faith, C can realize his claim on the residual value only after B has realized his claim.

It should be possible, you can consult the (National Center for the Promotion of Small and Micro Enterprises).

Allowed, A borrows money from B, A mortgages the property to B, A writes a commission agreement for B, and then goes to the notary public to notarize it. If the money is not repaid within the specified time, B can transfer the house.

The Housing Authority will first handle the advance notice registration and pre-mortgage registration, but the Housing Authority will collect the pre-mortgage certificate and then apply for the pre-mortgage certificate, and the pre-mortgage certificate will be sent to the bank where you are mortgaged.

In principle, Longquan's house can only be handled at the Longquan Housing Management Bureau. Longquan Housing Authority handles mortgage consultation**84857595