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The following conditions are generally required for real estate mortgage: 1. A natural person with full civil capacity, and the 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 (resident ID card, household registration book or other valid identity certificate) and marital status certificate; 3. Have a good information record and willingness to repay; 4. Have a proper occupation and 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. Have the ability to pay the down payment for the purchased house; If the newly purchased house is used as the maximum mortgage, it must have a legal and valid purchase contract, the age of the house must be less than 10 years, and a down payment of not less than 30% of the total price of the purchased house must be prepared or paid; If the mortgage has been purchased and handled, the original mortgage has been repaid for more than one year, the balance of the loan is less than 60% of the value of the mortgaged house, and the house used as collateral has obtained the housing ownership certificate, and the age of the house is less than 10 years; 7. The borrower has a legal and valid house purchase contract or agreement;
8. Have a valid guarantee approved by the lender.
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What are the procedures for mortgage of a property? If you use a real estate mortgage, you can use the real estate certificate as collateral, and you can get a mortgage at the bank with the real estate certificate to the real estate trading hall to issue a certificate.
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The procedures required to make a real estate mortgage are first of all the property ownership certificate or real estate certificate of the house, as well as the personal ID card of the owner of the house and the signing of the mortgage contract.
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1. Real estate certificate; 2. ID card of the right holder and spouse; 3. The household registration book of the right holder and his or her spouse; 4. Marriage certificate of the right holder.
5. Proof of income; 6. In order to improve the loan approval rate, please provide as many other family property certificates as possible.
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What are the procedures? At the very least, it is the real estate certificate, the marriage certificate of the husband and wife, and the completion ID card, which are the minimum values of the necessary procedures and household registration books.
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You have to hold the real estate deed, your ID card.
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1. Apply 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, on-site investigation must be carried out;
8. Review of real estate mortgage registration (1-2 working days);
9. The reviewer 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 it will be supplemented at one time. If the requirements are not met, notify the applicant of the decision not to register or suspend registration (within 7 days);
10. Handle the final review of real estate mortgage registration (1-2 working days), and the final reviewer will review the registration materials as required, check the electronic data and sign the final opinion.
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1. Proof of identity: valid ID card.
2. Marriage certificate: married persons provide marriage certificates, unmarried persons provide single certificates, and divorced persons need to provide single certificates in addition to divorce agreements and judgments.
3. Work certificate: work certificate issued by the unit, labor contract stamped with the official seal of the unit, social security card, etc.
4. Income certificate: income certificate issued by the unit and bank salary flow in the past six months.
5. Proof of financial resources: vehicle driving license, fixed deposit certificate, ** details, etc.
6. Hukou book, real estate certificate, and state-owned land certificate are only trembling.
7. Personal credit report.
8. Proof of loan purpose, if the borrower is self-employed or entrepreneurial, business certificate must also be provided, including business license, tax registration certificate, organization certificate, articles of association, etc. Also, if you are offering a property for rent, a copy of the rental contract will be required.
Legal basis
Civil Code of the People's Republic of China
Article 496 Standard clauses are clauses that are drafted in advance by the parties for the purpose of repeated use and are not negotiated with the other party at the time of conclusion of the contract.
Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party to pay attention to the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.
Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form.
Mortgage contracts generally include the following clauses:
1) the type and amount of the secured claim;
2) the time limit for the debtor to perform the debt;
3) The name and quantity of the mortgaged property;
4) Scope of Guarantees.
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Legal Analysis: The procedures are as follows:
1. Submit the required documents to be provided by the mortgage borrower.
2. Property valuation. The approximate value of the collateral is estimated based on its location, floor, area, orientation, etc.
3. Sign the mortgage loan contract. Both the borrower and the lender should be present to sign the contract.
4. Go to the notary office to notarize the loan mortgage contract.
5. Apply for housing mortgage certificates.
Legal basis: Article 397 of the Civil Law of the People's Republic of China on the Hungry Years of the People's Republic of China Where a building is mortgaged, the construction land within the scope occupied by the building shall be mortgaged together with the right to use the rotten cherry blossoms. If the right to use the land for construction is mortgaged, the land.
on the building together with the mortgage. If the mortgagor fails to mortgage the property together in accordance with the provisions of the preceding paragraph, the property that has not been mortgaged shall be deemed to be mortgaged together.
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The following materials are required to apply for a real estate mortgage: (1) the identity certificate or legal personality certificate of the parties to the mortgage; (2) Application for mortgage registration; (3) mortgage contract; (4) "State-owned Land Use Right Certificate", "House Ownership Certificate" or "Real Estate Ownership Certificate", and the "Housing Co-ownership Certificate" and other co-owners agree to mortgage certificates must also be submitted for the co-owned house; (5) Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage; (6) Materials that can prove the value of the mortgaged real estate; (7) Other documents deemed necessary by the registration authority.
Article 32 of the Administrative Measures for the Registration of Urban Real Estate Mortgages.
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Real estate mortgage is a relatively common mortgage in life, but many people don't know what procedures are required for real estate mortgage.
1. First of all, the loan applicant needs to submit a mortgage loan application to the relevant registration department of the bank, and the relevant supporting materials must also be submitted.
2. The relevant housing appraisal department will conduct an appraisal of the house to determine the amount of the credible loan. At that time, the loan applicant will need to provide the house ownership certificate and the relevant asset status certificate. If the mortgage applicant is using someone else's property as collateral, he or she will need to provide the identity card of the owner of the property, proof of marital status and written proof of consent to the mortgage.
3. After the evaluation of the house, if the relevant regulations and requirements are met, the bank will come forward to sign the mortgage contract with the loan applicant and go through the mortgage registration procedures.
4. After the mortgage registration procedures are completed, the bank will officially issue the loan, and the mortgage lender will repay the principal and interest of the loan on a regular basis according to the mortgage contract.
5. Usually the repayment of a mortgage loan is:
Personal consumption loans are generally repaid in equal amounts of principal and interest, with a loan term of 15 years.
There are two types of personal business loans: equal principal and interest and interest first. The loan term is 15 years and 1 year, respectively.
When the principal and interest of the loan are repaid within the specified period, the loan will be withdrawn.
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Information required for personal property mortgage:1. The original house ownership certificate, purchase contract and invoice;
2. Original ID card and household registration booklet;
3. The original ID card of the spouse and the original ID card of the co-owner of the real estate;
4. Marriage certificate (marriage or unmarried certificate).
Information required for the mortgage of the company's real estate:
1. Housing property right certificate, state-owned land use right certificate, house purchase contract and original invoice;
2. The original identity certificate of the enterprise legal person, the power of attorney of the legal person, and the ID card of the person in charge;
3. A copy of the business license of the enterprise (with the official seal), and the ** certificate of the enterprise organization (with the official seal);
4. Articles of Association, Resolutions of the Shareholders' Meeting and Resolutions of the Board of Directors.
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The materials required for the mortgage procedures include the identity certificate or legal personality certificate of the mortgage party; Application for registration of mortgage; mortgage contracts; "State-owned Land Use Right Certificate", "House Ownership Certificate" or "Real Estate Ownership Certificate", and the "Housing Co-ownership Certificate" and other co-owners agree to mortgage must also submit the "Housing Co-ownership Certificate" and other certificates of co-ownership consent; Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage; Documents that can prove the value of the mortgaged real estate, etc.
Legal basisArticle 32 of the Measures for the Administration of Urban Real Estate Mortgages.
To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority for inspection:
1) The identity certificate or legal personality certificate of the mortgage party;
2) Application for mortgage registration;
3) Mortgage contract;
4) "State-owned Land Use Right Certificate", "House Ownership Certificate" or "Real Estate Ownership Certificate", and the "Housing Co-ownership Certificate" and other co-owners agree to mortgage proof must also be submitted for the co-owned houses;
5) Documents and supporting materials that can prove that the mortgagor has the right to create a mortgage;
6) Information that can prove the value of the mortgaged real estate;
7) Other documents deemed necessary by the registration authority.
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The procedures for handling the mortgage are: 1. Several sections of the mortgagor and the mortgagee sign a written mortgage contract; 2. Both parties should bring the house ownership certificate, identity documents and mortgage contract to the housing bureau in Shouchun where the house is located to apply for mortgage registration; 3. After the mortgage registration is completed, the house mortgage is completed.
Article 394 of the Civil Code of the People's Republic of China provides that in order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.
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Information required for personal property mortgage:1. The original house ownership certificate, purchase contract and invoice;
2. Original ID card and household registration booklet;
3. The original ID card of the spouse and the original ID card of the co-owner of the real estate;
4. Marriage certificate (marriage or unmarried certificate).
Information required for the mortgage of the company's real estate:
1. Housing property right certificate, state-owned land use right certificate, house purchase contract and original invoice;
2. The original identity certificate of the enterprise legal person, the power of attorney of the legal person, and the ID card of the person in charge;
3. A copy of the business license of the enterprise (with the official seal), and the ** certificate of the enterprise organization (with the official seal);
4. Articles of Association, Resolutions of the Shareholders' Meeting and Resolutions of the Board of Directors.
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