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The title deed is kept by the head of the household.
When applying for a mortgage loan, you should first go to the real estate transaction center where you belong to complete the certificate of other rights, and the bank can only issue the loan with the certificate of other rights.
The certificate of other rights records the amount of money borrowed by the head of the household from the bank, the mortgagor, the mortgagee, the address of the property, the term of the mortgage and other information, and it is recorded in the computer system of the real estate transaction center, so even if the real estate certificate is placed in the head of the household, the head of the household cannot buy and sell casually, and must first pay off the bank loan before reselling.
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Not all of them have to be pressed on the bank, Yukun Law Firm understands that many banks now only need to go through the registration and mortgage procedures for the real estate certificate, and indicate that the mortgage has been handled on the other rights on the page after the real estate certificate, and the real estate certificate is in their own hands.
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When applying for a mortgage loan, the real estate certificate does not need to be deposited in the bank, but after the buyer goes to the local real estate transaction department to go through the mortgage registration procedures, the real estate transaction center will hand over the house other warrants to the bank as collateral, and the original real estate certificate will be handed over to the householder for safekeeping after filing, but because the house has a mortgage registration record, even if there is a real estate certificate, it cannot be bought and sold.
Extension: What to look out for when buying a home with a mortgage.
1. Apply for a loan amount according to your ability.
When applying, the borrower should make a correct judgment on his current economic strength and repayment ability, and at the same time make a correct and objective ** of his future income and expenses, carefully determine the loan amount, loan term and repayment method, design a repayment plan according to his income level, and leave appropriate leeway.
2. Choose a good loan bank for mortgages.
The more and more detailed the bank's services, you will have access to flexible and diverse personal financial services, as well as a rich portfolio of services and products. For example, some banks have launched a series of new measures, such as adjusting the loan term for borrowers, allowing borrowers to change their property, change real estate rights holders, etc.
3. Choose the most suitable repayment method for you.
At present, there are basically two types of personal housing loan repayment: equal repayment and equal principal repayment. With the equal repayment method, the repayment amount will remain unchanged (except for the adjustment of the interest rate), which is convenient for repayment, but the interest paid is more; With the equal principal repayment method, the monthly repayment amount is gradually decreasing.
4. The information provided to the bank should be true.
Proof of the real personal occupation, position and recent financial income should be provided. If you do not have enough ability to repay the loan, but exaggerate your income level, it is very likely that you will default at the beginning of the loan repayment, and the bank will confirm that you have provided false certificates, which will affect you.
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How long does it take for the mortgage to be discharged.
1. After the lender settles the mortgage, it generally takes one to two weeks to go through the real estate release procedures, if the lender's property is still in the repayment stage, before the loan is repaid, the property cannot be used for mortgage procedures, because the lender has mortgaged the house to the bank, and the property is owned by the bank before the loan is repaid.
2. After the lender settles the low amount, the bank will hand over the loan settlement notice to the lender, and the lender can issue the property right to the local housing management department with the loan settlement notice.
One copy of the notice of release shall be retained by the housing management department and the other two copies shall be kept by the lender.
3. The lender presents his or her ID card.
and housing property mortgage notice and other materials, you can go to the local real estate transaction center to go through the house release procedures, and get the real estate certificate, after getting the real estate certificate, it means that you have the ownership of the house.
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Now the loan to buy a house with a real estate certificate does not need to be mortgaged in the bank,The bank only needs to get the warrant of the house. After the real estate certificate is issued, the lender needs to apply for the house and other property warrants to the bank, and then get the real estate certificate back from the bank.
How to handle other housing warrants
1. Fill in the application form. Generally, the mortgagor goes to the housing property registration authority to obtain the application form for other housing warrants and fills in the form in accordance with the relevant requirements.
2. Go to the bank for approval and get the contract. After the mortgagor fills in the application form, it should go to the borrowing bank to affix the seal, and after the bank agrees to seal it, the bank will give the mortgage contract and the loan contract to the mortgagor.
3. Registration. The mortgagor shall bring the stamped application form, relevant contracts, housing value appraisal report, mortgagor's marriage certificate, identity certificate, housing property right certificate, land and resources use right certificate and other materials to the housing property rights registration authority for mortgage registration.
4. Review the data. The property registration authority will review the information submitted by the mortgagor.
5. Issue other warrants. After the information of the housing property registration authority is approved, it will issue other warrants to the mortgagor, and the mortgagor will hand over the other warrants to the lending bank, and then wait for the bank to lend.
Precautions for handling other housing warrants
1. According to the Guarantee Law, the real estate is mortgaged, that is, the other warrants have not been cancelled, the right to dispose of the real estate is restricted, and legal transactions cannot be carried out without the consent of the mortgagee, and relevant procedures such as property rights transfer cannot be handled.
2. The registration of other rights refers to the registration of house ownership by creating other rights such as mortgage rights and pawn rights. Because the owner of the mortgage is currently in the bank mortgage situation, he must apply for other warrants at the housing authority to prove that the house is under mortgage status. Avoid the re-mortgage and pawn of the house without applying for other warrants.
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Yes, if you make a loan when buying a property, the bank will require the property to be mortgaged to the bank before the loan will be released to you, after all the formalities are completed, the original real estate certificate will be placed in the bank, and the registration of the housing authority will also have the registration of other rights, that is, there is a record of the mortgage of the property, and the bank is the mortgagee.
During the mortgage period, the bank will take corresponding warning and collection measures if the monthly repayment is in full as agreed in the contract, and the overdue repayment reaches a certain number of times; If the ability to repay the loan is insufficient, the bank will file a lawsuit to preserve the loan after investigation. That is, the lawsuit demanded that the property be auctioned off and the loan should be repaid.
Therefore, for the parties who buy a house with a mortgage loan, they must ensure sufficient repayment ability, and when setting the total loan amount and repayment period, they must measure their economic ability and balance their daily expenses.
If the repayment obligation is fully fulfilled in the case of repayment on time, when the repayment period expires, you can reconcile and settle with the bank, and the bank will issue a repayment settlement certificate and other materials, and then go to the housing authority to do the cancellation procedures, at this time, the housing authority will cancel the name of the mortgagee on the real estate certificate and get a new real estate certificate with full ownership, which is your real estate ownership certificate.
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When you take out a loan to buy a house, the real estate certificate must be mortgaged in the bank, and after your loan is repaid, you can get the procedures from the bank, and then go to the real estate department to get your real estate certificate back.
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Loan to buy a house refers to the loan business in which the buyer applies for a loan from the bank to pay the purchase price with the building as collateral for the housing transaction, and then the buyer repays the principal and interest to the bank in installments, also known as the mortgage loan.
1. For the purchase of commercial housing with a mortgage loan, after the registration of the mortgage of the real estate, the "Housing Ownership Certificate" shall be received by the buyer of the house, while the bank shall hold the "Housing Other Ownership Certificate".
2. According to the regulations, if you buy a house with a mortgage loan, you should go through the real estate mortgage registration after the property right registration, and the bank, as the mortgagee, will get the "Housing Other Title Certificate". Therefore, after the registration of the mortgage of the real estate, the "House Ownership Certificate" is received by the buyer of the house, while the "Housing Other Title Certificate" is held by the bank.
3. The mortgage registration of the real estate has been recorded in the real estate file before the loan is repaid, and it is not allowed to be bought and sold, so there is no need for the bank to require the lender to pledge the real estate certificate to the bank.
4. After the loan is paid off, don't forget to bring the loan settlement certificate issued by the bank to the housing authority to go through the procedures for releasing the mortgage.
What should I pay attention to when buying a house with a loan?
1. In order to live in a new house as soon as possible, many families often overestimate their financial affordability when applying for a bank mortgage, and when they have paid the down payment and the interest on the mortgage loan, the repayment will be inadequate, resulting in default, and if they fail to pay within the time limit, they will be visited by the bank, and they may choose a passive way of disposal, spending money but not being able to live in the new building.
2. Three months before deciding to buy a house, withdraw the down payment and the first installment of repayment that need to be paid when buying a house from the family deposit, and deposit another current account, of course, the money in this current account must not be touched for three months. If you do, you'll be able to accurately measure your mental capacity, your ability to generate income outside of your job, or in general, your ability to resist risk, which is simple and effective. Let's be honest, you can't figure out the nervousness required during the repayment period just by pinching your fingers.
3. In order to solve the problem of capital turnover difficulties, some real estate developers with poor economic strength use pre-sale mortgages to raise funds. In this case, once the capital turnover fails, the real estate cannot continue to be built, cannot be delivered on time or even if the building is barely delivered, it will cut corners, resulting in shrinkage or other quality problems. Therefore, when applying for a pre-sale mortgage, it is important to understand the strength and credibility of the developer, and think about whether it is trustworthy before making a decision.
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Not necessarily. The following is a specific introduction to whether a mortgage deed is required for a mortgage:
According to the actual situation: the mortgage of the real estate certificate, whether the real estate certificate should be pledged to the bank depends on the situation, and it depends on the local mortgage department.
Mortgage loan to purchase commercial housing: The mortgage registration of the property has a record of mortgage registration in the real estate file before the loan is repaid, and it is not allowed to buy and sell, so the bank does not need to require the lender to mortgage the real estate certificate to the bank.
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Now that the house is bought with a loan, the real estate certificate no longer needs to be mortgaged in the bank, there should be a mortgage page on the real estate certificate, and the mortgage can be directly mortgaged in the bank, and the real estate certificate can be taken home!
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Generally speaking, in the purchase contract signed between the buyer and the developer, it will be stipulated that the real estate certificate will be handled by the developer. Buyers need to prepare the relevant materials for applying for the real estate certificate, such as the purchase contract, the purchase of the house, the identity document, the household registration book and the house ownership certificate. It should be noted that the certificate of ownership of the house is an important supporting document, which the buyer can obtain from the developer, and its role is equivalent to the real estate certificate.
Because the house involves a loan, there is an additional procedure required - the renewal of other warrants. The other warrants are used as proof for the buyer to mortgage the house to the bank, and the bank is responsible for keeping it. When applying for the renewal of other warrants, it is necessary to make an appointment with the staff of the bank to accompany them, because they cannot be handled by the owner of the house.
After the above things are done, the buyer can get the title deed.
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Different regions. Its requirements are not the same, but no matter in **? There must be mortgage procedures in the bank, some need to put the real estate certificate in the bank, and some in their own hands. After the loan is repaid, you need to go through the procedures for releasing the mortgage.
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If you buy a house with a loan, the real estate deed must of course be mortgaged in the bank, which is a requirement for a real estate loan.
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There is no need to press the real estate certificate to the bank. After the registration of the mortgage of the property, the bank will go through the procedures for other warrants, and use the other warrants as the proof for the buyer to mortgage the house to the bank, so the bank will hold the "Other Warrants for Housing". If you choose to take out a loan to buy a house, you basically apply for a mortgage loan from the bank, so the bank will sign a mortgage contract with the buyer and handle the real estate mortgage registration and notarization.
If the mortgage is registered, the mortgage registration record will always be kept in the property file until the loan is repaid, so it cannot be bought or sold or transferred. Only after the loan is paid off, with the loan settlement certificate issued by the bank, go to the housing authority to go through the procedures for releasing the mortgage, and the house will be owned by you.
Conditions for buying a house loan: a house loan requires legal resident status; Those who apply for policy-based personal housing loans should have a local permanent housing address; A home loan requires a stable occupation and income; A home loan requires the ability to repay the principal and interest of the loan on time; A home loan requires a mortgage or pledge of assets approved by the lender, and/or a guarantor who meets the specified conditions to guarantee it. A home loan requires a contract or agreement to purchase a home; When applying for a housing loan, if you have a deposit of not less than 30 of the funds required for the purchase of housing in the bank, and apply for a policy-based personal housing loan, you should deposit the housing provident fund with the China Construction Bank in accordance with the regulations.
Extended Information:1What are the precautions for applying for a home loan:
1) The applicant needs to be present to sign the procedures for buying a house loan, and both husband and wife need to be present and signed at the same time if they are married; If you can't be present, you need to go to the notary office to get the office to entrust the certificate, and the original notarization power of attorney needs two copies. So be sure to arrange your own time to be there at that time, or go to the notary office in advance to notarize. (2) Proof of income is required for a home loan, which requires you to provide a monthly income of more than twice your monthly repayment, and this part of the monthly payment includes all your previous outstanding bank loans, so please note that your monthly income should be more than double the monthly repayment of all your outstanding loans.
Therefore, please prepare all the documents in advance according to your own situation.
3) If the applicant for a house loan is a private owner and there is no way to issue an income certificate, the information to be provided includes: industrial and commercial business license, tax registration certificate, tax payment certificate for the past three months or bank deposit statement for the past six months.
4) Before applying for a home loan, if your other loans are overdue, please be sure to pay off the overdue arrears first, and ask the former loan bank to issue a certificate of arrears settlement and stamp the bank's fresh seal, otherwise the loan bank will doubt your credit history and will not accept it. Therefore, personal credit history is very important, please be careful not to overdue repayment.
Can I transfer the title after the mortgage of the real estate certificate?
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: >>>More
A: How long does it take to get the title deed after buying a house. >>>More
The mortgage of the real estate certificate is to ensure the security of the bank loan, so there is no way for the unilateral party to get back the real estate certificate when the relevant loan transaction is not repaid.
First of all, we need to analyze this loan relationship from the legal level. >>>More