Can the real estate certificate be remortgaged, can the property be remortgaged, and the real estate

The property can be mortgaged as a second mortgage. Second Mortgage Prerequisites:

1. If the borrower's initial mortgage amount has reached 70%, and only 3% of the amount can be mortgaged, then it is natural that the second mortgage can not be handled; If the borrower only borrows 30% of the initial mortgage amount, and there are 60% or 70% that can be mortgaged, it is usually possible to apply for a second mortgage.

2. If the borrower has all the procedures for the mortgage, then the borrower must have the real estate certificate of the house. It cannot be used as a second mortgage without a title deed.

If the real estate certificate can be mortgaged for the second time, and the parties mortgage the real estate, when the debtor fails to repay the debt on time, the mortgagee can be repaid in priority for the mortgaged property, and the mortgage needs to go through the corresponding mortgage registration, and the mortgage right is established when the mortgage is registered.

Legal basis] Article 402 of the Civil Code.

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

Article 394.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and 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.

Hello, the house has been mortgaged once, and is still being repaid, and making a mortgage again is called a second mortgage. There are prerequisites:

1. The real estate certificate has been processed.

2. There is still a residual value of the property minus the previous mortgage amount. If the previous mortgage amount is much smaller than the value of the property, for example, the property value is 1 million, and only the mortgage is 100,000, then there is still more than 900,000 value.

3. The second mortgage can only use the residual value as the collateral value, and the general bank loan will be discounted, such as 6% off. You can only mortgage 90 times 540,000.

4. If you do a second mortgage, it is better to make an additional mortgage with the same bank.

First of all, the so-called second mortgage of the house refers to the act of applying for a loan again in the process of mortgage loan, which is also a new mortgage loan service of the bank. When the house is remortgaged, the bank will re-evaluate the value of the house according to the principal and interest that the owner has repaid, and apply for a loan again with the bank after deducting the loan balance on the basis of the appraisal**.

1. Handle it through a bank.

First of all, you need to submit a second mortgage application to the lending bank, and the bank can only go through the second mortgage procedures after the bank agrees, after the application is approved, you need to submit the information required for the loan to the bank, and the bank will review your information, and the result will be told to you after the review. After the approval, you need to sign a second mortgage contract with the bank and go through the procedures of notarization of the loan contract. Once the formalities are completed, the bank will release the loan to you on a specified date.

2. Handle it through private lending institutions.

After the bank agrees, the lender will take care of your personal information to see if you are eligible for a second mortgage and know the basic information about the home. The lender will conduct a site visit to the house to see if the house has the value of a second mortgage by looking at factors such as the location, amenities, environment and size of the house. After the inspection, the lender will discuss with you the second mortgage plan of the property, and specifically determine the loan amount, term, interest rate, and service fee of the second mortgage of the property.

After the two parties have negotiated, they can sign the loan contract for the second mortgage of the private sector. After the contract is signed, the staff of the lending institution will accompany you to the housing authority to complete the procedures for the registration of the second mortgage, don't forget to prepare the relevant documents. After completing the registration of the second mortgage, you need to go to the housing authority to obtain the certificate of other rights and hand over the title certificate to the agent for safekeeping.

Once the formalities are completed, the lender will disburse the loan to you on the agreed date.

2.On the certificate, the applicant's real estate certificate and identity document are required, and under normal circumstances, the loan can be released on the same day.

It also depends on the policy of the local bank.

The process is different for each bank branch, and it usually takes about 15 to 20 days.

The process of applying for a loan:

1. The borrower submits the loan application materials to Ping An Puhui;

2. The application materials submitted by the borrower shall be reviewed for preliminary examination;

3. Ping An Puhui will approve the loan application that meets the loan conditions after passing the preliminary examination and credit investigation;

4. If the approval is passed, the borrower shall be notified to go through the relevant formalities such as contract signing, lending, mortgage or pledge; If the approval is not passed, an explanation must be made to the borrower;

5. The loan contract takes effect and the loan is issued;

Legal analysis: The house can be remortgaged if it meets certain conditions. First of all, the re-mortgage needs to truthfully inform the second mortgagee of the fact that the mortgage has been mortgaged; Then, the claim secured by the second mortgage shall not exceed the value of the collateral, nor shall it exceed the value of the balance after the collateral is secured.

Article 8 of the Measures for the Administration of Urban Real Estate Mortgages: The following real estate shall not be mortgaged: (1) real estate with disputed ownership; (2) Real estate used for education, medical care, municipal administration and other public welfare undertakings; (3) Buildings included in the protection of cultural relics and other buildings of important commemorative significance; (4) Real estate that has been included in the scope of demolition and relocation in accordance with the law; (5) Real estate that has been sealed, seized, supervised, or otherwise restricted in accordance with law; (6) Other real estate that shall not be mortgaged in accordance with law.

Article 9: Where 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 requires a mortgage on the title deed. The second mortgage can only be processed if the relevant conditions are met, and the first thing to do is to look at the amount of the mortgage loan before the house, and the loan is based on the amount that can be borrowed now. Secondly, the bank will discount the second mortgage, which is generally a 6% discount, and the second mortgage is best handled by the bank that handled the mortgage loan before.

Extended Information: What are the conditions for a second mortgage.

1. The houses with the second mortgage are residential and commercial buildings.

2. The house used for the second mortgage of the personal house must be an existing house.

3. The house is a first-hand house purchased with a bank mortgage.

4. The mortgage registration has been completed, and the bank is the mortgagee of the house.

5. The house has been insured by the bank, and the original insurance policy is managed by the bank.

6. The house is located in a superior location, convenient transportation, complete supporting facilities, and has strong liquidity ability.

7. The borrower is a first-hand mortgage loan customer of the bank, and has a stable income in the repayment process, good credit and strong repayment ability, and there is no interest arrears in the first-hand loan.

What is the process for a second mortgage.

1. First of all, you need to submit the second mortgage application to the lending bank, and the bank can only go through the second mortgage procedures after the bank agrees. After the application is approved, the applicant needs to submit the information required for the loan to the bank, and the bank will review the information provided.

2. After the bank agrees, the lending institution will understand your personal information, conduct an on-site inspection of the house, check the location, facilities, environment and area of the house, and see if the house has the value of a second mortgage.

3. Sign the loan contract for the second mortgage, go through the procedures for the registration of the second mortgage after the contract is signed, and after the formalities are completed, the lending institution will issue the loan to you on the agreed date.

If the property ownership certificate only occupies a small part of the appraised value of the house during the first mortgage, it can be used as a second mortgage.

Article 35 of the Security Law provides that the creditor's rights guaranteed by the mortgagor shall not exceed the value of the collateral. After the property is mortgaged, the value of the property is greater than the balance of the secured claim, and it may be re-mortgaged, but the balance shall not be exceeded.

The house can be remortgaged. But the conditions for a second loan are harsh. The conditions are as follows:

1. The house used for the second mortgage must be an existing house; 2. The mortgage registration of the property has been completed, and the bank is the mortgagee of the house; 3. The house has been insured, and the original insurance policy is managed by the bank; 4. The property has a remortgageable amount; 5. The borrower has full capacity for civil conduct, stable income, and good credit. Legal basis According to Article 397 of the Civil Code: if a building is mortgaged, the right to use the construction land within the scope occupied by the building shall be mortgaged together.

If the real estate certificate can be mortgaged for the second time, and the parties mortgage the real estate, when the debtor fails to repay the debt on time, the mortgagee can be repaid in priority for the mortgaged property, and the mortgage needs to go through the corresponding mortgage registration, and the mortgage right is established when the mortgage is registered.

1. How to correctly exercise the mortgage right.

1.There is a difference between the mortgages of movable and immovable property, and attention should be paid to the distinction.

If the following property is mortgaged, the mortgage registration shall be completed, and the mortgage right shall be established from the time of registration:

1) are buildings and other land attachments;

2) It is the right to use construction land;

3) It is a land contracting and management right such as wasteland obtained by means of bidding, auction, public consultation, etc.; Fourth, buildings under construction.

If the following properties are mortgaged, the mortgage right shall be established when the mortgage contract takes effect:

1) It is the production equipment, raw materials, semi-finished products and products;

2) It is a ship or aircraft under construction;

3) It is a means of transportation. If such property is not registered, it may not be used against a bona fide third party.

That is to say, when it comes to movable property, such as vehicles, etc., the mortgage right is established when the mortgage contract takes effect, and immovable property such as houses, etc., it is far from enough to sign a mortgage contract. As a lender, you cannot have a priority right to be paid for the house involved in the contract.

2.Clauses in the contract, such as "if the collateral or pledge is not repaid when due, the collateral or pledge shall be owned by the lender", is invalid.

Before the expiration of the debt performance period, the mortgagee shall not agree with the mortgagor that the mortgaged property shall be owned by the creditor when the debtor fails to perform the due debts. Before the expiration of the debt performance period, the pledgee shall not agree with the pledgor that the pledged property shall be owned by the creditor when the debtor fails to perform the due debt. At the same time, the mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgage shall be transferred to the creditor when the mortgagee has not been repaid upon the expiration of the debt performance period.

When the borrower fails to repay the debt when due, the lender, as the mortgagee, can realize the mortgage in the following three ways: discount, auction and early sale.

2. How to deal with the real estate mortgaged to the creditor in his name after the debtor's death.

In the event of the death of the debtor, the creditor may apply to the court for the auction or sale of the real estate mortgaged to the creditor, and the creditor may give priority to the repayment of the proceeds, and if the debtor or a third party mortgages the property that he or she has the right to dispose of, the creditor may give priority to the repayment of the mortgaged property when the debtor fails to repay it on time.

Third, the real estate certificate does not need to press the bank.

When the real estate is mortgaged, the mortgage registration will be handled, and Yin, as the mortgagee, should not take the real estate title certificate. Because the mortgage right refers to the mortgage of the property to the creditor in a way that does not transfer the possession of the property, when the debtor fails to perform the due debts on time or the realization of the mortgage rights agreed by the parties, the creditor has the right to be repaid in priority for the property.

Yes, there are two ways to do this:

1. One is through the bank, through which the bank can only make early repayment to pay off the remaining loan of the property, and then return to other banks to mortgage again.

2. One is through the guarantee company, which does not need to repay in advance, but the loan amount generally cannot exceed the residual value of the mortgaged property. Not all properties can be remortgaged, and the second mortgage of real estate is subject to certain conditions, as follows: the house used for the second mortgage of personal housing must be an existing house, off-plan housing is not possible, and the house should be a high-quality housing and commercial housing with greater market development potential, and the property without high economic value cannot successfully apply for a mortgage.

In other words, the house must be located in a superior location, convenient transportation, complete supporting facilities, and have great appreciation potential to apply for a second mortgage.

It should be noted that the amount of the property obtained by the second mortgage will not be very high, generally the loan limit you borrow = the value of the house * the mortgage ratio of the principal balance of the original loan.

What are the materials required for a home mortgage.

The following materials are required for the mortgage:

1. Real estate certificate (the real estate certificate and land certificate must be mortgaged to the bank in the housing mortgage bank loan);

2. ID card of the right holder and spouse;

3. The household registration book of the right holder and his or her spouse;

4. Marriage certificate of the right holder (marriage certificate or unmarried certificate issued by the Civil Affairs Bureau);

5. Proof of income (this proof has a greater impact on the success of the mortgage bank loan and the maximum amount.) );

6. If the owner of the real estate certificate has a minor child, please provide the birth certificate;

7. If there is a bank loan in the property, please provide the original loan contract and the last bank statement;

8. In order to improve the approval rate of the house mortgage, please provide as many other property certificates as possible (such as another real estate certificate, **, **, cash passbook, vehicle driving license, etc.).