Can I get a real estate certificate if the real estate certificate is mortgaged by someone else?

If the real estate certificate is mortgaged by someone else, it is not possible to apply for the real estate certificate. First of all, it is impossible to apply for a real estate certificate without a real estate certificate. Secondly, the real estate certificate is mortgaged, and the relevant unit should not apply for a real estate certificate for you.

Finally, it is not appropriate to apply for a real estate certificate in the case of a mortgage.

Neither can it. Because there is a date. If the real estate certificate and real estate certificate do not match, it will not be processed.

Property Mortgage Process:

1. The borrower opens a current deposit account in the bank;

2. Prepare the information required for the loan;

3. Face-to-face bank;

4. Bank filing and approval;

5. After the bank approves the approval, notify the borrower of the approval result and sign the loan contract with the borrower;

6. Go to the Construction Committee for mortgage registration;

7. The Construction Committee issues other rights certificates;

8. Handle insurance, notarization and other procedures as appropriate;

9. The bank will directly transfer the loan to the account agreed in the contract;

10. The borrower shall repay the principal and interest in accordance with the provisions of the loan contract.

Information for applying for a mortgage:

1.Borrower's valid ID card and household registration booklet;

2.Proof of marital status, if you are unmarried, you need to provide an unmarried certificate, and if you are divorced, you need to provide a court civil mediation letter or divorce certificate (indicating that you have not remarried after divorce);

3.If you are married, you need to provide your spouse's valid ID card, household registration booklet and marriage certificate;

4.Proof of income of the borrower (salary income certificate or tax payment certificate for six consecutive months);

5.Title deeds of the property;

6.Guarantor (ID card, household registration booklet, marriage certificate, etc.) are required.

It can only be handled after the release of the custody.

Legal Analysis: No. The person who can apply for a house mortgage is the owner of the house, so if you get someone else's real estate certificate, you can't register the house, and you can only mortgage it by the owner.

Legal basis: Measures for the Administration of Urban Real Estate Mortgages

Article 3 The term "real estate mortgage" as used in these measures refers to the act of the mortgagor providing the mortgagee with a guarantee for the performance of debts in a way that does not transfer possession of its lawful real estate. When the debtor fails to perform its debts, the creditor has the right to be repaid in priority with the price obtained from the auction of the mortgaged real estate in accordance with the law. The term "mortgagor" as used in these Measures refers to a citizen, legal person or other organization that provides the lawfully acquired real estate to the mortgagee as a guarantee for the performance of debts by himself or a third party.

The term "mortgagee" in these Measures refers to a citizen, legal person or other organization that accepts a real estate mortgage as a guarantee for the debtor's performance of debts. The mortgage of the pre-purchase commercial housing loan in these measures refers to the act of the buyer paying the remaining purchase price on behalf of the loan bank after paying the price specified in the first installment, and the purchased commercial housing is mortgaged to the lending bank as a guarantee for the repayment of the loan. The term "mortgage of construction in progress" in these measures refers to the act of mortgagor mortgaged to the lending bank as a guarantee for the repayment of the loan in order to obtain the loan for the continued construction of the project under construction, together with the input assets of the project under construction obtained in a legal manner, together with the input assets of the project under construction.

Article 4 Where the ownership of a house acquired in accordance with law is mortgaged, the land use right within the scope occupied by the house must be mortgaged at the same time.

1. Can I get a mortgage with someone else's real estate certificate?

According to the provisions of the Civil Code, it is not possible to mortgage a mortgage with someone else's real estate certificate, and the mortgagor and the owner of the house must be the same to mortgage the mortgage.

Article 395 of the Civil Code of the People's Republic of China [Scope of Mortgaged Property] 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;

2) 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 transport;

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.

2. How long can a property mortgage loan take.

If it is a mortgage for a new home, the maximum loan term cannot exceed 30 years; If it is a second-hand mortgage, it cannot be more than 20 years. When calculating the loan term, the borrower should determine the repayment period according to his or her repayment ability to avoid repayment pressure.

It should be noted that to apply for a mortgage loan, the house provided by the borrower must meet the requirements of the bank mortgage, and if the borrower's house does not meet the mortgage conditions of the bank, it cannot be handled.

3. What are the conditions required for the mortgage of the real estate certificate.

These conditions are required for a title deed mortgage:

1) Natural persons with full capacity for civil conduct, whose actual age at the maturity date of the loan is generally not more than 65 years old;

2) Have a legal and valid identity certificate (such as resident ID card, household registration book or other valid identity certificate) and marital status certificate;

3) Have a good pure information record and willingness to repay;

4) Have a proper job and a stable income**, and have the ability to repay the principal and interest of the loan on time;

5) The property rights of the mortgaged houses should be clear, meet the listing and trading conditions stipulated by the state, and can enter the real estate market for circulation, without any other mortgages. The mortgaged house is not included in the local urban reconstruction and demolition plan, and has the real estate certificate and land certificate issued by the real estate department and the land management department;

6) The borrower has a legal and valid house purchase contract or agreement;

7) Have a valid guarantee approved by the lender.

It is not possible to take out a loan. If the property owner does not provide a written entrustment or provide an explanation that the property is agreed to be used for a mortgage loan to a third party, the other party cannot apply for a mortgage loan with a real estate certificate that is not his own. Brief introduction of the title deed:

Real estate certificate () is a certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system in Beijiandong, housing registration is a statutory publicity method for the ownership of urban housing rights. In late August 2011, the tax department said that the deed tax on the addition of real estate was half of the house price.

In April 2013, the Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false housing sales and other behaviors and ensure the safety of housing transactions, in the future, Beijing buyers will be able to voluntarily and free set up a password for the real estate certificate, and the house must provide a password when it needs to handle the registration business of transfer, change, mortgage and other business. It is expected to be implemented in the second half of 2013.

Article 399 of the Civil Code provides that 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 may be mortgaged; (3) Educational facilities, medical and health facilities, and other public welfare facilities established for public welfare purposes by schools, kindergartens, medical institutions, and other non-for-profit legal persons; (4) Property whose ownership or right to use is unclear or disputed; (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.

Yes, but the mortgagee's consent is required to complete the transfer procedure. According to the law, mortgaged real estate can be transferred or leased with the consent of the mortgagee. If the mortgage is negotiated and the proceeds from the transfer or lease of the real estate are met, the secured creditor's rights shall be repaid to the mortgagee in advance.

The part exceeding the amount of the claim shall be owned by the mortgagor, and the part that falls short shall be repaid by the debtor.

Article 37 of the Administrative Measures for the Registration of Mortgage Burning Socks for Urban Real Estate.

Legal Analysis: This is possible, but there are some possible consequences to consider.

Legal basis: Measures for the Administration of Urban Real Estate Mortgage Registration and Management of Sheds》 Article 3 The term "real estate mortgage" in these measures refers to the act chain of the mortgagor providing debt performance guarantee to the mortgagee in the form of non-transfer of possession of its legal real estate. When the debtor fails to perform its debts, the creditor has the right to be repaid in priority with the price obtained from the auction of the mortgaged real estate in accordance with the law.

The mortgaged real estate title deed has the property right to the house. After the mortgage is registered, the real estate ownership certificate shall be kept by the owner himself, and the lending bank shall hold other warrants. After the owner pays off all the loans and terminates the mortgage contract, he or she needs to go to the housing management department to cancel the mortgage registration, withdraw other warrants, re-issue the real estate title certificates, and obtain all the rights of the property.

[Legal basis].Article 34 of the Measures for the Administration of Urban Real Estate Mortgages.

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.