Do I need the consent of the first mortgagor to apply for the second mortgage of the property?

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.

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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.

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.

Legal analysis: The first subordinate mortgagor does not need to agree to the subordinate mortgage certificate for the second mortgage, as long as the value of the collateral is greater than the amount of the debt.

Legal basis: Article 417 of the Civil Code of the People's Republic of China After the right to use construction land is mortgaged, the new buildings on the land do not belong to the mortgaged property. When the right to use the land for construction is mortgaged, the new buildings on the land shall be disposed of together with the right to use the land for construction.

However, the mortgagee is not entitled to priority payment of the price received from the new building.

Legal analysis: consent is not required, but the general registration authority must inform the creditor who is now handling the mortgage that he can only act as the mortgagee in second priority. Second-mortgage registration agencies rarely do so.

Legal basis: Article 414 of the Civil Code of the People's Republic of China Where the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions:

1) Where the mortgage has already been registered, the order of repayment shall be determined in accordance with the time of registration;

2) where the mortgage has been registered before the unregistered payment;

3) If the mortgage is not registered, it shall be repaid in accordance with the proportion of the creditor's rights.

For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

Legal analysis: Consent is not required, but the general registration agency should inform the creditor who is now handling the mortgage that it can only act as the second-ranking mortgage blocker.

Legal basis: Article 409 of the Civil Code of the People's Republic of China The mortgagee may waive the mortgage right or the priority of the mortgage right. The mortgagee and the mortgagor may agree to change the priority of the mortgage and the amount of the secured creditor's rights.

However, if the change of mortgage right is not approved in writing by other mortgagees, the upgrade shall not adversely affect other mortgagees.

If the debtor creates a mortgage with its own property, and the mortgagee waives the mortgage, the mortgage right is subordinated or the mortgage right is changed, the other guarantors are exempted from the guarantee liability to the extent that the mortgagee loses the priority of repayment, except where Jian Xiaoshi is promised by other guarantors to still provide security.

Legal analysis: Consent is not required, but the general registration agency should inform the creditor who is now handling the mortgage that it can only act as the mortgagee in second priority.

Legal basis: Article 409 of the Civil Code of the People's Republic of China The mortgage right can be waived by the person who has the right to mortgage or the priority of the mortgage right. The mortgagee and the mortgagor may agree to change the priority of the mortgage and the amount of the secured creditor's rights.

However, if the change of mortgage rights is upgraded without the written consent of other mortgagees, it shall not adversely affect other mortgagees.

Where the debtor creates a mortgage with its own property, and the mortgagee waives the mortgage right, the mortgage right is subordinated, or the mortgage right is changed, the other guarantors are exempted from the guarantee liability to the extent that the mortgagee loses the priority of repayment rights, except where other guarantors promise to still provide security.

After the property is mortgaged, the value of the property is greater than the balance of the secured claim, and it can be re-mortgaged. The Civil Code does not prohibit the re-mortgage and over-mortgage of the remaining part, so as long as you negotiate with the creditor and the creditor is willing to act as the mortgagee in the second order, the registration agency can handle the second mortgage for you by submitting the application, the identity certificate of both parties, the ownership certificate, the loan contract, the mortgage contract and other relevant materials. Therefore, it is not necessary to obtain the consent of the first person in line, but the general registration agency must inform the creditor who is now handling the mortgage that he can only act as the mortgagee in the second line.

Second-mortgage registration agencies rarely do so.

1. How to go through the mortgage registration procedures.

1) Handling the application for real estate mortgage registration;

2) The applicant fills in the "Municipal Real Estate Registration Application Form" and submits materials;

3) The applicant may withdraw the registration before the final trial;

4) Handle the preliminary examination of real estate mortgage registration (1-2 working days);

5) The recipient of the window will issue a list of receipts and collect fees;

6) The recipient shall review the registration materials as required, enter the ownership registration information and sign the preliminary opinion;

7) If necessary, an on-site investigation shall be conducted;

8) Review of real estate mortgage registration (1-2 working days);

9) The reviewers shall review the registration materials as required, check the electronic data and sign the review opinion. If the conditions are not met, it will be returned and notified at one time to make up for it. If the requirements are not met, a notice shall be issued to the applicant of the decision not to register or suspend registration (within 7 days);

2. What should I pay attention to when applying for a mortgage loan?

1) The property rights of the house are clear.

The mortgage loan is built on the house, the property rights of the house must be clear, it must meet the conditions stipulated by the state to be able to trade in the real estate market, it can enter the real estate market circulation, and the mortgage has not been approved before the loan. In addition, it should be noted that the age of the house plus the loan term cannot exceed 40 years.

b) The borrower's request.

The mortgage loan town key will also involve the issue of monthly repayment in the future, so the lending institution will review the borrower's repayment ability, and the borrower must have a stable economic income, good credit, and the ability to repay; There is no record of illegal acts and late repayment; Able to provide a valid pledge of rights recognized by the bank or a legal and valid real estate as a mortgage guarantee loan.