Can I mortgage the bag if the real estate certificate expires?

It is not a question of whether the property deed can be loaned, but whether the house recorded in the real estate deed can be mortgaged! Generally speaking, the real estate certificate states that the husband and wife of the right holder need to go to the bank to confirm and agree to the mortgage, and need an "excuse" for the loan, and also need to prove the ability to repay, etc. Then the bank will ask for an appraisal of the house, and then determine a loan amount according to the appraised value, which is calculated at 60% for the general residence, but this is in the hands of the bank itself.

How to apply for a mortgage loan.

The main steps to go through the real estate mortgage registration procedures are:

1. Apply for real estate mortgage registration;

2. The applicant fills in the "Municipal Real Estate Registration Application Form" and submits materials;

3. The applicant may withdraw the registration before the final trial;

4. Handle the preliminary examination of real estate mortgage registration (1-2 working days);

5. The recipient of the window will issue a list of receipts and collect fees;

6. The recipient shall review the registration materials as required, enter the ownership registration information and sign the preliminary opinion;

7. If necessary, on-site investigation must be carried out;

8. Review of real estate mortgage registration (1-2 working days);

9. The reviewer shall review the registration materials as required, check the electronic data and sign the review opinion. If the conditions are not met, it will be returned and notified at one time to make up for it. If the requirements are not met, a notice shall be issued to the applicant of the decision not to register or suspend registration (within 7 days);

10. Handle the final review of real estate mortgage registration (1-2 working days), and the final reviewer will review the registration materials as required, check the electronic data and sign the final opinion.

What materials are required for a mortgage on a property.

According to the provisions of China's Guarantee Law, the real estate mortgage must go through the mortgage registration procedures in the housing and land management department where the real estate is located within 30 days of signing the mortgage contract, and the mortgage registration procedures are an indispensable legal procedure and an indispensable legal document in the real estate mortgage activities. When registering a real estate mortgage, both parties to the mortgage should bring the following relevant legal documents:

1. A copy of the business license;

2. The identity certificate or legal representative certificate of the mortgage party;

3. If the first person handles it, there should be a power of attorney from the legal representative or the party;

4. Loan contract (main contract);

5. Mortgage contract;

6. Proof of property rights of the collateral (including the Certificate of State-owned Land Use Right and the Certificate of House Ownership);

7. If the collateral is owned by a joint venture or a joint-stock company, there shall be a resolution of the board of directors approving the mortgage;

8. If it is a duplicate mortgage, the written document of the former mortgagee's consent to the re-mortgage shall be provided;

9. If it is a mortgage of a co-owned property, a written document agreeing to the consent of all co-owners should be provided;

10. The mortgagor shall have a written document stating that the collateral provided by the mortgagor is free of any legal defects;

11. Other legal documents related to mortgage.

Usually we talk about the mortgage loan of the real estate is to apply to the bank, at this time, if the conditions are met, the bank will review and evaluate the materials provided, and only if the requirements are met, will the loan be granted.

If the real estate certificate expires, you can go to the real estate bureau to re-apply for a new certificate, and after getting the new certificate, you can go through the loan procedures again.

The real estate certificate can be replaced after expiration, and the mortgage can be made, which does not affect the validity of the certificate, and the mortgage procedures must be verified and stamped and registered by the housing authority, so if the owner of the house is changed or the house is transferred, the procedures can be found in the real estate bureau.

The title deed has expired, the mortgage is not possible, and if you want to get a mortgage, the title deed, you don't have to say anything.

According to the current regulations, if the real estate certificate expires, it means that the house is no longer yours, so you cannot mortgage the loan.

The title deed has expired and cannot be used for mortgage loans. Because when it is a mortgage, you must use the original copy of the real estate certificate to mortgage.

If the title deed expires, you should not be able to get a mortgage because the house is not yours anymore.

The following should be done when the mortgage expires:

1. After the mortgage is paid off, you can go to the trading center where the house is located to go through the cancellation procedures;

2. If the mortgage has not been repaid after the expiration date, the bank shall file a lawsuit with the court in accordance with the contract, and the auction shall be auctioned according to law after the judgment, and the auction proceeds shall be owned by the owner after deducting the handling fee in addition to repaying the bank loan.

Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party does not transfer possession of the property in order to guarantee the performance of the debt, but mortgages the property to the creditor, and the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property.

The debtor or the third morning as provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the security is the mortgaged property.

Article 390 The following property that the debtor or a third party has the right to dispose of may be mortgaged:

1) Buildings and other land attachments;

2) the right to use construction land;

3) the right to use maritime space;

4) Production equipment, raw materials, semi-finished products and products;

5) Buildings, ships, and aircraft under construction;

6) means of transport;

7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph.

Legal Analysis: The following treatment should be made when the mortgage expires:

1. After the mortgage is paid off, you can go to the trading center where the house is located to go through the cancellation procedures;

2. If the mortgage of the property has not been repaid after the expiration date, the bank shall file a lawsuit with the court in accordance with the round ridge of the contract, and the auction shall be auctioned according to law after the judgment, and the auction proceeds shall be owned by the owner after deducting the handling fee in addition to repaying the bank loan.

Legal basis: Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, 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.

Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged:

1) Buildings and other land attachments;

2) the right to use construction land;

3) the right to use maritime space;

4) Production equipment, raw materials, semi-finished products and products;

5) Buildings, ships, and aircraft under construction;

6) means of transport;

7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph.

After the expiration of the real estate mortgage, the real estate mortgage relationship will not be automatically dissolved, and the party who needs to mortgage shall go to the original registration authority to change or cancel the registration of the mortgage within 15 days from the date of change or termination.

Article 35 of the Measures for the Administration of Urban Real Estate Mortgage When the mortgage contract is changed or the mortgage relationship is terminated, the credit verifier of the mortgage party shall, within 15 days from the date of change or termination, go to the original registration authority to change or cancel the mortgage registration. If the land use right and the ownership of the land and the buildings and other attachments are obtained due to the lawful disposal of the mortgaged real estate, the mortgage party shall, within 30 days from the date of the effective date of the disposition, apply to the local people's real estate management department at or above the county level for registration of the transfer of housing ownership, and apply to the people's land management department at the same level for registration of the change of land use right with the changed house ownership certificate.

The treatment of the mortgage maturity of the house should be determined on a case-by-case basis. If the principal debt secured by the mortgage has been fulfilled, the mortgage may be discharged. If the performance is not completed, the mortgagee shall file a lawsuit with the court in accordance with the contract, and the auction shall be auctioned according to law after the judgment, and the auction proceeds shall be used to repay the debt.

According to the provisions of paragraphs 1 and 2 of Article 410 of the Civil Code, if the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be compensated in priority with the price obtained from the discount of the mortgaged property or the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement. If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property.

Article 410 of the Civil Brother Code provides that if the debtor fails to perform the debts due or the mortgage is realized as agreed by the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or to give priority to the repayment of the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement. If the mortgagee and the mortgagor fail to reach an agreement on the actual method of the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property.