My father mortgaged his house without authorization to borrow money, can I use my father s house as

At present, there are many cases in society where the joint property of the husband and wife is mortgaged without the consent of the other spouse, especially the phenomenon of one party setting up a mortgage on the bank with the joint real estate without authorization is even more common. Although the name of one party is written on the real estate certificate, as long as there is evidence to prove that it is the joint property of the husband and wife after marriage, the private mortgage is invalid mortgage.

First of all, the second paragraph of Article 54 of the Interpretation of the Supreme People's Court on the Application of the Security Law of the People's Republic of China stipulates that "if a co-owner creates a mortgage on his or her common property, the mortgage shall be invalid without the consent of the other co-owners". The premise for the mortgage to be valid must be a written entrustment or personal signature of the other co-owners.

Secondly, Article 95 of the Property Law of the People's Republic of China stipulates that "co-owners jointly enjoy ownership of the immovable or movable property in common". Article 89 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation) provides:

Co-owners enjoy common rights and bear common obligations over their common property, and if some of the co-owners dispose of the common property without authorization during the existence of the co-ownership relationship, it is generally found to be invalid."

Finally, the fourth paragraph of Article 25 of Chapter 6 of the General Principles of Loans of the People's Bank of China stipulates: "When taking out a loan, the borrower shall fill in the following information: the list of collateral, pledges, the consent of the disposing party to the mortgage, the proof of the pledge and the relevant supporting documents of the guarantor to agree to the guarantee." ”

The daily interest rate is 2 percent, and if you don't repay the loan, you still rely on someone else's house and don't leave, so it's obvious that you're running into a loan shark. This kind of high interest rate is not protected by law at all, and you can call the police if you encounter such a person.

A mortgage without the consent of the co-owners of the property (if the house is your dad and your mom or your joint property) is invalid.

The other party can go to court to sue, but they can't live in your house and can call the police.

This is not legal, and the daily interest is 2 percent, which is usury. The state stipulates that the interest rate on private loans cannot be higher than four times the interest rate of the State Bank.

1.Although the name of the real estate deed belongs to him, the house belongs to the joint property of the husband and wife, and the unilateral disposal of the house without the consent of both husband and wife is invalid.

2.Now the problem is that he did not sell it, but only mortgaged it, and did not pay the arrears when due. Therefore, his borrowing agreement should be valid.

But the law of the court will not support usury.

3.The creditor sent someone to stay at our house overnight, in which case you had better call the police and ask for help. Upstairs is right: the other party can go to court to sue, but they can't live in your house.

Legal analysis]: You can't secretly use your parents' house to get a mortgage. Secretly using the mortgage of the parents' house is an act of violating the law.

Because the mortgage must be signed by both parents, it is useless and has no legal effect to sign it yourself. The parents' house is not their own house, and they have no right to do so, and this cannot be formed at all. If the house goes to the bank to apply for a mortgage loan, the borrower is required to have a stable and legal income**, and must have a certain ability to repay**; The mortgaged property has a title deed, and the property right is clear; There are also age requirements for the mortgagor, first of all, at least 18 years old, being an adult and other conditions.

Legal basisArticle 47 Real estate mortgage 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 the mortgagor's lawful real estate. When the debtor fails to perform its obligations, the mortgagee 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.

Article 50 In the case of real estate mortgage, the mortgagor and the mortgagee shall sign a written mortgage contract.

Legal Analysis: It is possible to get a mortgage on your father's house. But there are a few conditions that must be met:

1. Chinese citizens aged 18 to 65 with legal and valid identity certificates;

2. Have a proper occupation and stable income, have the ability to repay the principal and interest of the loan in full on time, and have a good credit record.

3. Agree to set up a mortgage on the real estate and its rights and interests in the name of the individual as a condition for loan issuance.

4. Have a legal and legitimate purpose of financing.

Legal basis: Article 397 of the Civil Code of the People's Republic of China Where the construction of this macro object is mortgaged, the right to use the construction land 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.

If the mortgagor fails to mortgage together in accordance with the relevant provisions, the unmortgaged property shall be deemed to be mortgaged together.

1. Loan application: The borrower submits the purpose, amount and term of the loan to the financial institution. 2. Prepare loan information.

3. Property appraisal: After submitting the above materials, the bank shall conduct on-site investigation and evaluation of the mortgaged property according to the submitted materials. 4. Notarization of loan contract.

The borrower-level mortgagor fills in the loan contract and all relevant documents, signs and stamps his fingerprint, and the notary public notarizes it. Mortgage registration procedures: The bank shall go through the mortgage registration procedures at Chaquanchu with the house ownership certificate and the notarial certificate of the loan contract.

Article 395 of the Civil Code of the People's Republic of China 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 the reputation of the sea area; (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.

Legal analysis: In the Civil Code, the mortgage of real estate by a friend borrowing money is valid, and the debtor borrows money from the creditor and uses the debtor's real estate certificate as collateral. As long as the legal proceedings of the mortgage are in accordance with the relevant laws of the country, it is valid.

Legal basis: Article 395 of the Civil Code of the People's Republic of China 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.

The debtor borrows money from the creditor and uses the debtor's real estate certificate as collateral. As long as the legal procedure of the mortgage complies with the relevant provisions of the national law, it is valid.

1. Can I get a mortgage on the property I borrowed money from?

In order to ensure the legal performance of the debt, the debtor can use movable or immovable property as a mortgage to guarantee the realization of the creditor's rights; However, property whose ownership or right to use is unclear or disputed must not be mortgaged, and property that has been sealed, seized, or supervised in accordance with law.

2. What are the characteristics of housing mortgages?

The characteristics of a home mortgage are as follows:

1. The house mortgage is a right subordinate to the main creditor's right, the original creditor's rights and debts are the main contract, and the house mortgage is a contract, which is premised on the legal and effective existence of the original contract and cannot exist independently;

2. The mortgage is specific;

3. The mortgage has the priority to be repaid;

4. The mortgage is indivisible;

5. The mortgage right of the house is retroactive;

6. The mortgage of the house has the nature of subrogation in rem.

According to the relevant provisions, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, the creditor has the right to be repaid first in respect of the property.

3. Is it valid to mortgage real estate to individuals before litigation?

Whether a pre-litigation mortgage on an individual is valid depends on the circumstances.

In the event of a debt dispute, the creditor may sue the debtor, and before suing the debtor, if the debtor maliciously transfers property, the creditor may apply for property preservation. According to the law, if the debtor mortgages property to another person before filing a lawsuit for the purpose of maliciously evading the debt, the creditor may apply to the people's court to revoke the act, and the act will be invalid after revocation.

Civil Code of the People's Republic of China

Article 395:The following property that the debtor or the third person 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 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.