Go to real estate center to sign mortgage contract
you can open the http://www.cmbchina.com/CmbWebPubInfo/Cal_ Forex. ASPX? Chnl = whjsq.
if the mortgaged property is not registered, the mortgagor will sell, transfer or re mortgage the mortgaged property ring the ration of the mortgage, and transfer the mortgaged property to a third party. The mortgagee can not claim the mortgage on the mortgaged property from the third party, because the property can only have effect between the mortgagor and the mortgagee, In other words, the mortgagee can only claim the mortgage from the mortgagor. On the contrary, if the mortgaged property is registered, the registration will have the effect against everyone, including the third party in good faith, that is, the mortgagee can claim his mortgage right from any third party according to the mortgage registration, and neither the third party in good faith nor the third party in bad faith can refuse.
when registering, the mortgage parties should submit the following documents:
(1) main contract and mortgage contract
(2) the identity certificate or legal person qualification certificate of the mortgagor
(3) mortgage registration application
(4) state owned land use certificate, house ownership certificate or real estate ownership certificate. For a common house, the certificate of house co ownership certificate and other co owners' consent to mortgage shall also be submitted
(5) if the pre-sale commercial housing is used as mortgage, the effective pre-sale contract of commercial housing must be submitted
(6) documents and supporting materials that can prove that the mortgagor has the right to set mortgage
(7) materials that can prove the value of the mortgaged real estate; Such as effective real estate appraisal report 8) Other documents deemed necessary by the registration authority<
the registration authority shall review the mortgage application. If the ownership is clear and the supporting materials are complete, it shall make a written reply on whether to approve the registration within 15 days from the date of acceptance of the registration, and issue the registration certificate:
(1) if the real estate with the ownership of the house is mortgaged according to law, the registration authority shall record other rights in the original "house ownership certificate", To be received by the mortgagor, and at the same time to be issued to the mortgagor "housing other certificate"; and
(2) if the pre-sale commercial housing or construction in progress is mortgaged, the registration authority shall record in the mortgage contract. If the mortgaged real estate is completed ring the mortgage period, the parties concerned shall go through the real estate mortgage registration again after the mortgagor obtains the real estate ownership certificate.
What are the proceres for housing mortgage
1. According to the relevant provisions of China's guarantee law, the following real estate can be set as mortgage
(1) the mortgagor's house and other things fixed on the ground
(2) the right to use state-owned land, houses and other things fixed on the land that the mortgagor has the right to dispose of according to law
(3) the right to use barren land such as barren hills, barren ditches, barren hills and barren beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer< 2. Mortgage the following real estate:
(1) land right
(2) the right to use collective land such as cultivated land, homestead and private hills, but the right to use barren land such as barren hills, ravines, hills and beaches contracted by the mortgagor according to law and agreed by the employer is mortgaged by buildings such as factories of township (town) and village enterprises, with the exception of the right to use land within the occupied scope
(3) public welfare real estate used for public welfare such as kindergarten, hospital, etc
(4) real estate with unclear or controversial right of use or use
(5) real estate that has been sealed up, impounded or destroyed according to law
(6) other real estate that cannot be mortgaged according to law
3. Real estate can be mortgaged repeatedly. According to the law of our country, if the value of the real estate is greater than the balance of the secured creditor's rights after the real estate is mortgaged, it can be mortgaged again, but it shall not exceed the balance. That is to say, repeated mortgage is allowed, but the value of the real estate is greater than (or equal to) the sum of the claims it guarantees
4. The real estate should be revalued when the bank issues the mortgage loan
the price when the mortgage loan applicant buys the real estate is called the real estate transaction price. However, the financial institutions do not take the transaction price of the real estate as the basis of the real estate value, and the mortgage financial institutions entrust the real estate appraisal institutions to revalue the real estate. When the debtor fails to fulfill the debt, the creditor should sell the real estate to realize its creditor's rights, so the financial institutions should know the real value of the real estate, so as to ensure the loan security
how to sign a house mortgage contract
in the personal housing loan business, the borrower and the bank need to sign a written "housing mortgage loan contract", which mainly includes mortgage contract and loan contract< The loan contract should include:
1. Loan type and purpose. The type of loan is housing mortgage loan. The loan can only be used for purchasing, building and repairing self occupied houses, and can not be used for other purposes
2. Loan amount and interest rate. Most of the loan amount can only be 70% of the purchase or construction amount, and the loan interest rate shall be implemented in accordance with the relevant provisions of the people's Bank of China
3. Loan term and repayment method. Generally, the term of the loan shall not exceed ten years. There are generally two ways of repayment: monthly average repayment method and progressive repayment method. The average monthly repayment method means to repay the principal and interest of the loan in full with equal repayment amount every month ring the term of the loan; Progressive repayment method means that the repayment amount is increased year by year or every few years ring the term of the loan, but the principal and interest of the loan are returned by the same repayment amount every year or every month in a few years
What are the proceres for housing mortgage? The problem of housing mortgage is very common in our life, but housing mortgage is not as simple as imagined, only to meet the above proceres can we carry out mortgage loan. How to sign house mortgage contract? Mortgage contract is very important, with the contract, after the dispute is relatively simple. If you also have a house to mortgage, you can first understand this article, which will provide you with useful help.
1、 What kind of mortgage can be used for bank mortgage loan
1.1
real estate. The first thing that bank mortgage can be used to mortgage is real estate, such as personal housing, family housing, real estate factories, shops, etc. With real estate mortgage loan, generally need to evaluate first, after evaluation, can loan to 78% of the evaluation price
1. 2
When signing the house mortgage contract, the following aspects should be made clear:
Real estate mortgage registration process
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evaluation
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mortgage registration preparation
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the account manager accompanied the customer to register the mortgage
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the account manager accompanies the customer to collect other warrants
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enter the warehouse
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the real estate registration institution shall complete the real estate registration proceres within 30 working days from the date of accepting the registration application, unless otherwise stipulated by law. It should be noted that the time limit for review does not include the time for announcement, cadastral investigation and correction of information. In other words, if some real estate registration needs announcement, cadastral investigation and correction of information, the time for announcement, cadastral investigation and correction of information is not included in 30 working days