Can the mortgaged real estate deed be unilaterally recovered?

The mortgage of the real estate certificate is to ensure the security of the bank loan, so there is no way for the unilateral party to get back the real estate certificate when the relevant loan transaction is not repaid.

No. Mortgage real estate procedures:

1.Before the borrower takes out a loan: fill in the housing mortgage application form and submit the following supporting materials from the bank:

Proof of the borrower's fixed economic income issued by the borrower's employer; Credit documents such as business license and legal person certificate of the loan guarantor; Proof of the borrower's legally valid identity; Proof of ownership of the dwelling or proof of the right to dispose of the dwelling in accordance with the law; Valuation reports, appraisals and insurance documents of the mortgaged property; Contracts, agreements or other supporting documents for the purchase and construction of housing; Other documents or materials required by the lending bank;

2.The bank reviews the borrower's loan application, purchase contract, agreement and related materials;

3.The borrower shall hand over the title deed and insurance policy of the mortgaged property to the bank for custody;

4.The guarantor of the borrower and the borrower signs the housing mortgage contract and notarizes it;

5.After the loan contract is signed and notarized, the bank's deposit and loan to the borrower shall be transferred to the sales unit or building unit specified in the purchase contract or agreement;

6.The borrower has no credit card overdue before applying for the loan, and if there is a previous loan, there must be no bad repayment record;

7.The borrower has a regular job and a stable income, and has the ability to repay.

Depending on who owns the property ownership certificate, there are several procedures for obtaining the property ownership certificate after repaying the loan.

1. One of the simplest situations is that the original title certificate has been mortgaged in the bank. If this is the case, the buyer has repaid the loan, or has repaid the loan in advance, and wants to return the insurance, he needs to contact or contact the bank in advance, and the bank will tell the buyer when to go through the relevant procedures.

Different banks have different specific requirements, but generally banks will require buyers to bring their ID cards, collateral vouchers, loan contracts, copies of insurance policies and invoices. After the buyer goes to the bank at the appointed time to complete the settlement procedures, he will receive a repayment certificate, and the bank will also return the original property ownership certificate, the original sales contract and the original insurance policy to the buyer. In this way, the buyer can get back the title deed that is completely his/her own, and it has nothing to do with the bank.

2. However, due to the inconsistent operation regulations of different branches of various banks, some branches do not require that the original property right certificate must be deposited in the bank, but only need to do a mortgage registration, and the buyer can hold the property right certificate with the mortgage registration mark by himself.

If this is the case, the buyer will have to go through a procedure to cancel the mortgage registration in addition to repeating the above steps after paying off the loan. After the buyer and the bank have completed the settlement procedures, the bank will contact the competent land and housing management bureau in person or by entrusting the lawyer who did the mortgage registration to cancel the mortgage registration with the buyer. Different housing authorities have different requirements, and buyers need to bring all the above documents, as well as the repayment voucher issued by the bank.

3. The last situation is more complicated and not very common, that is, the buyer has already repaid the loan before the mortgage of the property right certificate is completed, which is the case of Mr. Zhang mentioned above. Because the buyer's property right certificate has not yet been mortgaged, the developer is still in the stage of mortgage, and there is still a triangular relationship between the bank, the developer and the buyer.

If the loan is repaid at this time, the buyer can take the voucher to the developer and ask for the title certificate after receiving the repayment voucher at the bank. If the developer has a title deed, the buyer will naturally be able to get the title deed. However, if the developer has not yet applied for the property ownership certificate, the buyer can ask the developer to complete the property ownership certificate as soon as possible, otherwise the developer can be sued for breach of contract.

After the mortgage registration of the real estate certificate, the real estate certificate can be taken back, but the real estate certificate and the title certificate cannot be taken back. If there are no special circumstances, the title deed is placed on the mortgagee.

After the house is mortgaged, you need to get back the real estate certificate, and you need to repay the loan, and then go through the revocation of the real estate mortgage before you can get back the original real estate certificate.

The bank issues a receipt of early repayment, which indicates when the payment will be deducted, when the cancellation information can be obtained, and after getting the cancellation information, go to the housing management department to go through the cancellation mortgage registration.

You can get back the original after the mortgage of the real estate certificate, because you do not need to mortgage the original to the bank for a mortgage. After the borrower submits the original title deed to the bank staff for review, it can be taken out without any problems. The specific mortgage procedures are as follows:

1. Lender application:

The borrower goes to the lending bank to fill in the "Personal Housing Loan Application Form";

2. Review of the lending bank:

The lending bank shall review the borrower's loan application and other supporting materials, issue a loan commitment letter after passing the examination, and sign a mortgage contract with the borrower;

3. The borrower signs a house purchase contract with the selling unit

The borrower signs a purchase contract with the selling unit with the loan commitment letter issued by the lending bank, and asks the selling unit to sign and seal the real estate acquisition contract.

4. The borrower applies for the insurance of the mortgaged house

The borrower shall apply for insurance of the mortgaged house at the insurance institution designated by the lending bank with the purchase contract;

5. The borrower signs a personal housing mortgage loan contract with the lending bank

The borrower shall sign the "Personal Housing Mortgage Loan Contract" with the loan bank with the third-party guarantor, and go to the real estate management authority for mortgage registration within 30 days.

6. Transfer of funds from the lending bank:

The lending bank will transfer the loan to the deposit account of the selling unit specified in the purchase contract and mortgage guarantee it in the lending bank.

Legal basis]:

Article 25 of the Measures for the Administration of Urban Real Estate Mortgages.

For real estate mortgage, the mortgage party shall sign a written mortgage contract.

Article 30. Within 30 days from the date of signing the real estate mortgage contract, the parties to the mortgage shall go to the real estate management department where the real estate is located to register the real estate mortgage.

Legal Analysis: Mortgages do not mortgage title deeds. After buying a new house and applying for a mortgage loan, the other warrants of the real estate certificate are mortgaged in the bank, but the original real estate certificate is still in the hands of the head of the household.

After buying a new house and completing the mortgage loan, the real estate transaction center will handle a mortgage registration, and then issue a house title certificate to the bank as proof. The original real estate certificate and land certificate are mortgaged by the trading center and archived in the archives, if you need to use the real estate certificate, you can only go to the exchange and ask for a copy by the head of the household. When applying for a mortgage loan, the borrower must bring his or her valid ID card and loan contract.

The real estate certificate and other materials shall go through the mortgage registration procedures at the housing authority where the house is located. In the process of mortgage registration, the Housing Authority will issue other warrants to the bank, and will stamp the mortgage seal on the title deed, which means that the house has been mortgaged, but the title deed is still kept by the borrower. However, after the borrower settles the loan, he or she still needs to bring the real estate certificate, his valid ID card, loan settlement certificate, housing warrant and other materials to the housing authority where the mortgage registration was originally handled to cancel the mortgage registration, so that the house belongs to the borrower.

Legal basis: Article 388 of the Civil Code of the People's Republic of China To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions.

The guarantee contract is a subordinate contract of the main creditor's rights and debts. If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

In practice, when borrowing from banks and other financial institutions, it is generally necessary to provide collateral to the bank, and the house is one of the collaterals recognized by the bank. The following is for readers to answer the relevant knowledge.

Can I get back the title deed after the property is mortgaged?

As long as the debtor repays the debt, the mortgage will be released, and the debtor can go to the housing authority to release the mortgage and ask for the real estate certificate.

The mortgage right and the secured claim exist at the same time, and if the claim is extinguished, the mortgage right is also extinguished.

What are the procedures required to revoke the registration of a mortgage?

When most people buy a house, they buy a house through a mortgage loan from the bank, according to official statistics, the mortgage registration rate of the house. Therefore, after the mortgage is paid off, it does not mean that you really own the house, because the mortgage you made when you took out the loan to buy the house will affect your use and sale of the house, and how to cancel the mortgage registration has become a problem that many homeowners must consider. Let's take a look at what procedures need to be taken to cancel the mortgage registration

1) After repaying the loan, the homeowner can directly go to the bank where you are lending to apply for loan repayment, and be sure to bring this kind of information and documents when applying for repayment, including relevant information, ID card, monthly payment card, bank loan contract, and money.

2) After repayment, the bank will issue a certificate to the homeowner that the loan has been paid off, and the bank will also stamp a seal that the loan has been paid off on the real estate certificate of the homeowner, and the homeowner will bring the real estate certificate to the local real estate department to cancel the mortgage, which does not charge any fees in principle, but some places will charge the corresponding cost, which is allowed by the regulations.

3) After the loan is repaid, the real estate bureau will also stamp the real estate certificate and cancel the mortgage registration.

The real estate certificate can be used for mortgage loans, and if the parties mortgage the real estate they have the right to dispose of, they shall provide the original price of the real estate certificate, and when the debtor fails to repay the debt on time, the creditor can give priority to the repayment of the mortgaged real estate.

Article 399 of the Civil Code of the People's Republic of China The following property shall not be mortgaged: (1) land ownership; (2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law provides that it may be mortgaged; (3) Educational facilities, medical and health facilities, and other public interest facilities established by non-profit legal persons for public interest purposes, such as schools, kindergartens, and medical institutions; (4) Unclear ownership or right to use or disputed Cailiang reproduction; (5) Assets that have been sealed, seized, or supervised in accordance with law; (6) Other property that laws and administrative regulations provide must not be mortgaged.