What is the meaning of pre registration of mortgage of pre purchased commercial housing and pre sale

In order to protect the rights and interests of the buyer, the "advance registration" of the contract is done in the real estate registration department. It means that someone has already bought the house first. In the future, if there is a dispute or objection to the property rights of the house (such as selling two houses), the real estate registration department will handle it on the principle of who registers first.

The registered applicant is the developer and the buyer. Pre-sale registration means that the progress of the implementation of the registration of the property rights of the house, supervision, inspection and checking, to see whether it is not registered, omitted to register or is not falsely registered.

It means that in the pre-excavation and sale of commercial housing, buyers can register the housing that has not yet been built, so as to restrict the developer from re-mortgaging or mortgaging the housing that has been completed. Advance notice registration refers to the agreement between the parties to enter into an agreement for the sale and purchase of houses or other real estate rights, and in order to ensure the realization of real rights in the future, they may apply to the registration authority for advance notice registration in accordance with the agreement.

Article 20 of the Property Law stipulates that: "When a party signs an agreement for the sale and purchase of a house or other immovable property right, in order to ensure the realization of the real right in the future, it may, in accordance with the agreement, apply to the registration authority for advance notice registration." If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's rights are extinguished or the application for registration is not made within three months from the date on which the immovable property can be registered, the advance notice registration shall become invalid. ”

1) The original application for registration;

2) Proof of the applicant's identity;

3) The original mortgage contract;

4) the original contract of the main creditor's rights;

5) The original registration certificate of pre-purchase commercial housing;

6) the original agreement of the parties on the advance registration of mortgage rights;

7) If a mortgage has been set up for a project under construction, the original certificate of waiver of the mortgage by the mortgagee shall be submitted.

1. What are the pitfalls of pre-sale mortgages?

Developers often set three traps when pre-selling commercial housing, and consumers must be vigilant.

Trap 1: When the land for the construction project is mortgaged, the developer signs a commercial housing sales contract with the buyer without informing the buyer of the fact of the mortgage, and the defects of the rights of the house are not indicated in the contract, so as to dispel the buyer's concerns and smoothly collect the deposit and down payment.

Trap 2: When the land for a construction project is mortgaged, the developer often does not go through the registration and filing procedures for the buyer in order to smoothly convert the land mortgage into a mortgage for the project under construction after signing the contract with the buyer.

Trap 3: The developer sells the house that has been mortgaged as a construction in progress to the buyer without notifying the mortgagee and the fact of the mortgage to the buyer, and does not register and file for the buyer for a long time after signing the contract to collect the house payment (the house that is mortgaged cannot be registered and recorded).

2. What materials should be submitted for the mortgage of pre-sold commercial housing.

The mortgage registration of pre-sold houses refers to the creation of mortgages by creditors or third parties (mortgagors) with creditors (mortgagees) on their own houses or public houses (for which the house ownership certificate has been issued) approved as fixed assets of the enterprise in order to guarantee the repayment of debts. During the mortgage period, the ownership and use rights of the house remain unchanged. The documents that should be submitted when making a mortgage on an existing house are:

1) If the mortgagor is an individual, two copies of the application form for real estate mortgage registration shall be submitted; The original of the house ownership certificate, the house co-ownership certificate and the land use right certificate, with 2 copies each; The original identity certificate and marriage certificate of the mortgagor and his or her spouse, with 2 copies each; The original identity certificate or business license of the guarantor, 2 copies each; affidavit; Proof of collateral value; 2 copies of the main contract; 4 mortgage contracts. In addition, if it is a partial mortgage, the original and 2 copies of the construction area of the mortgaged part shall be provided; If collective land is involved, the original and photocopy of the certificate of the township** or the village committee agreeing to mortgage the mortgage shall be provided.

2) If the mortgagor is a unit, two copies of the application form for real estate mortgage registration shall be submitted; The original and 2 copies of the house ownership certificate, the house ownership certificate, and the land use right certificate; The original and 2 copies of the business licenses of the mortgagor and the guarantor; The original identity certificate of the legal representative of the mortgagor and 2 copies; The original and photocopy of the ID card of the mortgagee, mortgagor and the person in charge of the guarantor, as well as the letter of introduction or power of attorney; Proof of collateral value; 2 copies of the main contract; 4 mortgage contracts. The original and photocopy of the document stamped with the official seal of the enterprise and the approval of the board of directors or the general meeting of shareholders for mortgage (referring to foreign-funded enterprises and joint-stock enterprises); The original and photocopy of the document (referring to the collective enterprise) stamped with the official seal of the trade union or the enterprise of the enterprise; The original and 2 copies of the state-owned assets approval document (referring to state-owned enterprises).