Do you need the consent of the first mortgagor when applying for a second mortgage on a property?

According to Article 35 of the Security Law, after the property is mortgaged, the value of the property is greater than the balance of the secured creditor's right, and it may be re-mortgaged. The Property Law does not prohibit the re-mortgage and over-mortgage of the remaining part, so as long as you and the creditor reach an agreement and the creditor is willing to act as the mortgagee in second order, the registration agency can handle the second mortgage for you by submitting the application, the identity certificate of both parties, the certificate of ownership, the loan contract, the mortgage contract and other relevant materials.

Therefore, there is no need to obtain consent, but the general registration authority should inform the creditor who is now handling the mortgage that he can only act as the mortgagee in second order. Second-mortgage registration agencies rarely do so.

When applying for a second mortgage on a property, the consent of the first mortgagor is required. The specific requirements are as follows:

1. When applying for a second mortgage, it is necessary to submit an application to the first mortgagor and obtain his written consent before proceeding with the follow-up procedures.

2. The first mortgagor may agree by signing a written consent agreement or by signing relevant terms in the loan contract.

3. If the first mortgagor does not agree to provide a second mortgage guarantee, it cannot go through the follow-up procedures.

In short, the consent of the first mortgagor is required when handling the second mortgage of the property, otherwise it will not be able to proceed. If you have too many loans, it is recommended to check your credit data. Find "Kingfisher Data" to generate a big data report, which can reflect the real situation of online loans.

Although there is a difference between the two, in order to avoid the situation of individuals being unable to repay bad debts, bank loans will also pay attention to the big data credit situation. Bad credit affects the rights of many parties.

Generally speaking, a second mortgage loan does not require the consent of the first mortgage bank.

The details are as follows.

1. If the mortgage loan has been settled, then the collateral can be released and returned to freedom, and when applying for the second mortgage loan, it has nothing to do with the first mortgage loan, as long as the collateral still has a certain value, it can be recognized and accepted by the bank of the second mortgage loan.

2. If the first mortgage loan is not settled and you need to apply for a second mortgage loan again, then as long as the value of the collateral is higher than the remaining outstanding balance of the first mortgage loan, and the second mortgage bank agrees to the second mortgage, you can use the residual value of the collateral to apply, and the consent of the first mortgage bank is not required in this process.

3. If the bank of the second mortgage loan and the bank of the first mortgage loan are the same, then regardless of whether the first mortgage loan has been settled, the consent of the lending bank is required, and the collateral is registered in the name of the same lending bank anyway, as long as there is an excess mortgage value.

Therefore, the focus of the second mortgage loan is to obtain the consent of the second mortgage lending bank, and it has little to do with the bank of the first mortgage loan.

In order to maintain a good credit record, we should also pay attention to our own online loan big data in a timely manner, which can be queried in "Xiaoqi Xincha", and you can see our own online loan big data report to maintain good credit at all times.

Extended Information: What is the possible relationship between a second mortgage loan and a first mortgage loan?

The second mortgage is subject to the consent of the creditor of the first mortgage.

1. If it is necessary to pay off all the first mortgage loan in advance before the second mortgage loan, then the early repayment needs to obtain the consent of the first mortgage bank.

2. When the mortgage is released after the mortgage is settled, it is necessary to get back the mortgage property right certificate and the loan settlement certificate issued by the mortgage bank from the mortgage bank.

3. The premise of most of the collateral that is still mortgaged for the second mortgage is that the first mortgage is also applied for in the bank, which is the relationship between the second mortgage loan and the first mortgage loan.

Mortgagee consent is required. No second mortgage may be made without the consent of the mortgagee. However, if a mortgage is set up for the maximum megawatt amount, the house can be remortgaged if the limit is not exceeded.

Legal basis: "Measures for the Administration of Registration of Urban Real Estate Mortgages" Article 9 If two or more mortgages are created on the same real estate, the mortgagor shall inform the mortgagee of the mortgages that have been created. The claim secured by the mortgagor shall not exceed the value of its collateral.

After the real estate is mortgaged, the value of the mortgaged real estate is greater than the balance of the secured claim, and it may be re-mortgaged, but the balance shall not be exceeded.

A second mortgage on the same property does not require the consent of the mortgagee. If there is still a residual value of the property that has been applied for the real estate certificate minus the previous mortgage amount, the second mortgage can be made, and the residual value can only be used as the collateral value in the second mortgage.

1. What are the conditions for a real estate mortgage?

1) Chinese citizens with legal status, aged 18-65 (inclusive), with full capacity for civil conduct;

2) Have a stable economic income, have the ability to repay the principal and interest of the loan, and have no bad credit record.

3) There are legal and valid collateral proof materials; (e.g. real estate certificate, land certificate, etc.).

4) If the mortgage has been purchased and handled, the original mortgage loan has been repaid for more than one year, the balance of the loan is less than 60% of the value of the mortgaged house, and the house used as a mortgage has obtained the house ownership certificate, and the age of the house is less than 10 years;

5) Able to provide effective guarantee recognized by the lending bank;

6) Other conditions stipulated by the lending bank.

2. There are several ways to realize the mortgage right.

Mortgages can be realized in the following ways:

1. Auction. When the mortgagee has reached the repayment period and the debtor fails to perform the repayment obligation, the mortgagee may auction the collateral in accordance with certain procedures and receive priority for the repayment of the price obtained.

If the price obtained after the auction of the collateral is more than the amount of the debt, the excess part shall be returned to the mortgagor. If the mortgagee is in the majority, the distribution shall be made in accordance with the order of the mortgage.

2. Sell. If the mortgagee is unwilling to auction the collateral and is unwilling to obtain the ownership of the subject matter, it can sell the collateral in accordance with the market fairness through general sales and sales, and receive priority for repayment of the proceeds.

3. Discount. After the expiration of the time limit for repayment of creditor's rights, the mortgagee may sign a contract with the mortgagor to stipulate that the mortgagee shall obtain the ownership of the mortgaged property.

If the value of the collateral is higher than the amount of the creditor's right, the excess price shall be returned to the mortgagor.

3. What are the functions of the purchase contract?

The role of the purchase contract is as follows:

1. It can be confirmed that there is a house sale relationship between the buyer and the seller;

2. Necessary materials for mortgage loans;

3. Necessary materials for paying deed tax;

4. It is necessary to handle real estate registration and transaction procedures.

If the house only has a purchase contract, it is not possible to apply for a mortgage. The law requires that the house must have a real estate certificate to apply for a real estate mortgage, and if there is no real estate certificate, it is generally not possible to apply for a real estate mortgage.

Article 34 of the Measures for the Administration of Mortgage of Urban Real Estate.

For the remainder of the real estate mortgage with the house ownership certificate obtained in accordance with the law, the registration authority shall record other rights on the original "House Ownership Certificate" and the mortgagor shall receive it. and issue the "Housing Other Title Certificate" to the mortgagee. If the mortgage is based on a pre-sold commercial house or a project under construction, the registration authority shall make a record in the mortgage contract.

If the mortgaged real estate is completed during the mortgage period, the parties shall re-register the real estate mortgage after the mortgagor obtains the real estate ownership certificate.

Only the part of the collateral whose value is higher than the secured claim can be re-mortgaged, and the second mortgagee can only realize the mortgage on the higher part. Therefore, a second mortgage does not require the consent of the first mortgagee.

1. Can I buy a mortgage to buy a house and cover it up multiple times?

An item can be mortgaged multiple times. Repeated mortgage refers to a form of mortgage in which the debtor mortgages the same mortgage to several creditors separately, resulting in multiple mortgages on the mortgage. This type of mortgage is different from the general mortgage between the various mortgagees of the same mortgage, such as the creation of the mortgage, the scope of the guarantee, the order of the mortgage, etc.

The claim secured by the mortgagor shall not exceed the value of its collateral. After the property is mortgaged, the value of the property is greater than the balance of the secured creditor's rights, and it may be re-mortgaged, but the balance shall not be exceeded.

2. Types of mortgage contracts.

Mortgagee (hereinafter referred to as Party A):

Mortgagor (hereinafter referred to as Party B):

In order to ensure the performance of the loan contract (hereinafter referred to as the main contract) signed by Party A and the debtor () and ensure the realization of Party A's creditor's rights, Party B is willing to use all of its (hereinafter referred to as Party B's collateral) as the loan collateral to mortgage to Party A.

Article 1 Mortgage property.

Article 3 Registration of collateral.

Article 2 The main creditor's right and the scope of the guarantee.

Article 4 Insurance.

Article 5 Party B's Representations and Warranties.

Article 6 Party B's Obligations.

Article 7 Realization of mortgage rights.

Article 8 Warranties.

3. What is the right of subrogation before the excavation of the property at the time of mortgage.

The right of subrogation in rem of the holder of the security interest refers to the fact that when the collateral is compensated or compensated for the loss or damage of the collateral, such money or other thing becomes a substitute for the collateral;

The security interest still exists in it, and the creditor is entitled to enforce the security interest in the substitute. The purpose of the mortgage is to serve as security for the performance of the debt to ensure the realization of the claim.

When the performance period of the creditor's right has expired but the debtor fails to perform, the mortgagee has the right to be repaid preferentially from the sale proceeds obtained from the lawful disposal of the mortgage, and whether the mortgage and the secured creditor's right can be finally realized depends to a large extent on the value of the collateral.

Article 402 of the Civil Code provides that if the property provided for in Items 1 to 3 of the first paragraph of Article 395 of this Law is mortgaged or the building under construction as provided for in Paragraph 5 of this Law, the mortgage registration shall be completed. The mortgage is created at the time of registration.

Summary. Hello. We'll be happy to answer this question for you. If you want to apply for a second mortgage on the same property, you do not need to obtain the consent of the mortgagee.

Hello. We'll be happy to answer this question for you. If you want to apply for a second mortgage on the same property, you do not need to obtain the consent of the mortgagee.

To put it simply, if your property has been mortgaged for the first time in the bank, and now you want to use this house for the second mortgage, you don't need to go through the bank's consent, that is, the bank that mortgaged the first oak silver mortgage.

You can apply for a mortgage as normal.

However, my local real estate bureau handles the mortgage procedure and requires the consent of the first mortgagee to handle it, do you think it is legal and compliant?

Let me go into more detail, that is, to handle a second mortgage to a private person (individual), do you need the consent of the first mortgagee to handle it?

No, you don't. You can apply for a mortgage directly.

You do not need the consent of the creditor at the time of the first mortgage to apply for a second mortgage.