Is the title deed mortgage valid for a private person

A mortgage on a private person does not necessarily mean that the title deed is invalid. The title deed can be mortgaged to a private person and is legal. According to the provisions of Article 395, Paragraph 1 of the Civil Code, which came into effect in 2021, the following properties 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. Paragraph 1 of Article 400 stipulates that in order to create a mortgage, the parties shall conclude a mortgage contract in writing.

When the real estate certificate is mortgaged, it is necessary to sign a real estate mortgage loan contract, which makes clear and specific agreements on the loan amount, whether to pay interest or interest rate standards, repayment period, repayment method, mortgage and mortgage registration and liability for breach of contract, and goes through the mortgage registration procedures with the housing property management department after the contract is signed.

The conditions of the mortgaged property, the property rights of the house should be clear, meet the conditions for listing and trading stipulated by the state, can enter the real estate market circulation, no mortgage has been made, and the age of the house is calculated from the date of completion of the house + the loan term does not exceed 40 years. The mortgaged house is not included in the local urban reconstruction and demolition plan, and there is a real estate certificate and land certificate issued by the real estate department and land management department, and the owner of the mortgage can be the borrower himself. For all the property as collateral, the mortgagor must provide a written undertaking to allow the borrower to apply for a loan against the property, and ask the mortgagor and his or her spouse to sign the property.

Title deeds can only be issued by the real estate authority. A title deed is a written proof of ownership of a specific house, and can record the co-ownership of a specific house and whether a security interest is created. Based on the principle of one property, one right, the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with independent building structure and use function, including distinguishing all the houses, has only one ownership, and can only have one ownership registration on the real estate registration, and only one real estate certificate can be issued accordingly.

Title deeds can only be issued to the owners of specific houses, and if the house is co-owned, co-ownership certificates can be issued to co-owners in addition to the house ownership deeds. The real estate certificate is a certificate of ownership issued by the registration authority to a specific right holder after the registration of the ownership of a specific house, and the content of the real estate certificate should be consistent with the content of the registration book.

The mortgage loan method of real estate certificate not only has a low loan interest rate and a high loan amount, but also has a long loan term, and it is easier to obtain bank approval for the loan in the case of mortgage guarantee of the real estate certificate.