What is the mortgage process and what is the process after mortgaging the property

1.Submissions;

2.Housing trading floor acceptance materials;

3.10 working days to collect the certificate.

Procedure. Pre-loan consultation for borrowers: Fill in the application form for residential housing mortgage 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 borrower and the guarantor sign the housing mortgage contract and notarize it.

5.After the loan contract is signed and notarized, the bank transfers the deposit and loan to the borrower to the sales unit or building unit specified in the purchase contract or agreement.

6.Loan settlement, loan settlement includes normal settlement and early settlement. Normal Settlement:

Settle the loan on the maturity date of the loan (lump sum repayment of principal and interest) or the last instalment of the loan (instalment repayment); Early settlement: If the borrower settles the loan in part or in full before the maturity date of the loan, the borrower must apply to the bank in advance according to the loan contract, and the bank will go to the designated accounting counter for repayment after approval. After the loan is settled, the borrower shall bring back the legal voucher and relevant supporting documents taken by the bank with his valid identity certificate and the loan settlement voucher issued by the bank, and go through the mortgage registration cancellation procedures with the loan settlement voucher to the original mortgage registration department.

The real estate mortgage process is as follows: the house owner and the mortgagee sign a written mortgage contract, bring the house ownership certificate, mortgage registration application, mortgage contract and identity documents and other materials to the housing management bureau where the house is located for mortgage registration and issue other warrants.

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.

Article 34.

If the real estate is mortgaged by the real estate 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 the receipt. 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.

What about a mortgage on a property? Three easy steps:

1. Provide application information to the bank; (1-2 working days) the information includes: ID card of the property owner and husband and wife, household registration book, marriage certificate, property certificate, credit information, business license, official seal, legal person seal, financial seal, purchase and sale contract, lease contract.

2. After the bank reviews and approves it, go to the bank to sign the mortgage loan contract; (3-10 working days) 3. Make an appointment with the real estate transaction center, go through the mortgage procedures, and then wait for the bank to lend; (3-7 business days).

1.Submissions;

2.Housing trading floor acceptance materials;

3.10 working days to collect the certificate.

Legal analysis: real estate mortgages are often generated because of loans or other lending relationships, and when the two parties reach an agreement on the mortgage intention of the house, they need to apply for mortgage registration with the housing authority where the house is located, and the following documents are generally required:

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

2. If the person handles it, there should be a power of attorney authorized by the legal representative or the party;

3. Loan contract;

4. Mortgage contract;

5. Proof of property rights of the collateral, including the Certificate of State-owned Land Use Right and the Certificate of House Ownership;

6. If the collateral belongs to a joint venture or a joint-stock company, there shall be a resolution of the board of directors agreeing to the mortgage;

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

8. If it is a mortgage of a co-owned property, a written document of the consent of all co-owners shall be provided;

9. Other materials deemed necessary by the registration department.

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; (B) 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 transportation; (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.

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

1. Prepare relevant materials. Prepare all the information, including the ID cards, marriage certificates, real estate certificates, purchase contracts or invoices of both husband and wife, as well as the statements of personal accounts for the past six months.

2. Apply for a loan to the bank. The transfer of mortgaged real estate is generally a written agreement reached between the mortgagor and the owner to the bank and issue a written agreement between the two parties on the change of property rights.

3. Wait for the bank's review. Upon the bank's approval of the change, the borrower will be changed from the seller to the buyer, and the bank will issue a certificate indicating the change, the reason for the change, and the consent to the change registration.

4. Go through the procedures for changing the registration. The buyer and seller should bring the relevant supporting materials to the local ** real estate management department to go through the registration procedures for property right change.

5. Loan issuance. After notarization, completion of mortgage registration procedures and other warrants, the real estate pawn loan can be issued. When the pawn loan expires, the pawnbroker should go through the procedures for renewing or repaying the loan in time to avoid unnecessary losses.

After repaying the loan, the pawnbroker should request the pawnshop to cancel the mortgage registration in time and get back the property information to protect his rights and interests.

Legal analysis: 1. The two parties agree on the mortgage intention of the house; 2. The two parties sign a mortgage contract; 3. Bring your ID card and mortgage contract to the Housing Authority for mortgage registration.

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

Article 397: Where a building is mortgaged, the right to use the land for construction within the scope occupied by the building shall be mortgaged together. If the right to use the land for construction is mortgaged, the buildings on the land shall be mortgaged together. Where the mortgagor does not mortgage together in accordance with the provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together.

Article 402 Where the property provided for in subparagraphs (1) to (3) of the first paragraph of Article 395 of this Law is mortgaged or the building under construction as provided for in subparagraphs (5) of this Law is mortgaged, the mortgage registration shall be completed. The mortgage is created at the time of registration.

1. Application for mortgage registration.

To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority:

1) Application for registration of real estate mortgage;

2) The identity certificate or legal personality certificate of the mortgage party;

3) mortgage contract;

4) State-owned Land Use Certificate, Housing Ownership Certificate or Real Estate Certificate;

5) Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage;

6) Information that can prove the value of the mortgaged real estate;

7) Other documents deemed necessary by the registration authority.

2. Accept the application.

Review whether the documents submitted by the applicant are true and complete, and if the application documents do not meet the requirements, it will not be accepted; If the application documents meet the requirements, it will be accepted, and the application will be numbered and given a return receipt, indicating the documents received, the date of receipt and the number.

3. Audit. 4. Registration.

1) For the approved mortgage registration, the mortgage seal shall be affixed to the real estate right certificate, and the mortgage record shall be made in the real estate register. The mortgage record should include the mortgagor, the mortgagee, the name, area, value, mortgage amount and mortgage term of the mortgage.

2) When the pre-purchased real estate is mortgaged, the special seal of the mortgage shall be affixed to the sales contract.

5. Charge for the issuance of certificates.

1) The standard of collection of registration fees shall be implemented in accordance with the relevant provisions of the state or locality.

2) The real estate right certificate stamped with the special seal of real estate mortgage shall be returned to the mortgagee party within the specified time (the mortgagee party shall collect it with the receipt, identity certificate and payment voucher).

6. File filing.

Establish a file for land and real estate registration in accordance with regulations.

In our real life, if it involves the maximum mortgage, then it is necessary to sign the relevant contract, and at the same time, it also needs to be registered, and after registration, it will have a legal confrontation effect, so that if some problems occur in the future, it can be used as a basis to protect their rights.

1. Documents to be submitted for real estate mortgage registration.

To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority:

1) Application for registration of real estate mortgage;

2) The identity certificate or legal personality certificate of the mortgage party;

3) mortgage contract;

4) State-owned Land Use Certificate, Housing Ownership Certificate or Real Estate Certificate;

5) Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage;

6) Information that can prove the value of the mortgaged real estate;

7) Other documents deemed necessary by the registration authority.

1.Submissions;

2.Housing trading floor acceptance materials;

3.10 working days to collect the certificate.