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Must mortgage be mortgaged?
Legal subjectivity:

First, does mortgage need mortgage property certificate?

Mortgage property certificate is needed, and it is difficult to handle a good loan without it. If real estate is used as a loan, a written contract shall be signed and mortgage registration shall be handled according to law. The real estate mortgage contract shall take effect from the date of mortgage registration.

legal basis: article 394 of the civil code of the people's Republic of China guarantees the performance of debts. if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, the creditor has the right to be paid in priority for the property if the debtor fails to perform the due debts or the mortgage right is realized as agreed by the parties.

the debtor or the third party mentioned in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided as guarantee is the mortgaged property.

Second, the process of house mortgage loan

1. The loan applicant should fill in the application form at the loan handling office with the following supporting documents: valid identity documents; Proof of marital status; Pledge and mortgage documents, if the guarantor provides guarantee, there must be guarantee documents.

2. The borrowing bank examines the loan: the bank investigates the borrower's guarantee, credit and other conditions, conducts examination and approval according to the procedures, and informs the borrower of the examination and approval results.

3. signing a contract between the applicant and the bank: after the borrower's application is approved, he shall go through the following procedures: signing a loan contract and corresponding guarantee contract with the bank, and going through notarization, insurance, mortgage (pledge) registration and other procedures.

4. Bank loans: After the borrower completes the relevant procedures, China Merchants Bank will release the loans to the borrower's personal account and transfer the loans to the relevant payee account according to the borrower's entrustment.

5. After investigation, examination and approval, the loan contract is signed. After the agent of the lending bank completes the registration and notarization procedures, the money will be deposited into the account of the seller (the principle of voluntary insurance is adopted by the customer), and the customer will be notified to take the contract and go through the house purchase formalities at the seller's office.

6. The loan bank pays the deed tax, obtains the deed certificate, and completes the registration procedures of the real estate right certificate and the housing mortgage. The fees are strictly in accordance with the charging standards of the relevant authorities, and no agency fees are charged. The borrower must provide all the materials required for the above procedures. After the loan is returned, the lender cancels the collateral and returns it to the customer.

3. Precautions for house mortgage loan

1. Do not use the provident fund before applying for a loan. If the borrower withdraws the balance of the provident fund before the loan to pay the house payment, then the balance of the provident fund in your provident fund account will be zero, so your provident fund loan amount will be zero, which means that you will not apply for a provident fund loan.

2. Don't prepay the loan within the first year. According to the relevant provisions of provident fund loans, part of the prepayment should be made after one year of repayment, and the amount you return should exceed the repayment amount of six months.

3. Don't forget to look for the bank around you if you have difficulty repaying the loan. When your debt-paying ability drops during the loan period and you have difficulty in repaying the loan, don't insist on it yourself. ICBC's customers can apply to ICBC for extending the loan term. After investigation by the bank, ICBC will accept your application for extending the loan term if there is no default in repayment of the loan principal and interest.

4. Don't forget the obligation to inform when renting the house after the loan. When you rent the mortgaged house during the loan period, you must inform the lessee of the mortgaged fact in writing.

5. Don't forget to cancel the mortgage after the loan is paid off. When you have paid off all the loan principal and interest, you can go to the real estate trading center in the district or county where the property is located to cancel the mortgage with the bank's loan settlement certificate and other real estate rights certificates of the collateral.

6. Don't lose the loan contract and iou. To apply for a mortgage loan, the loan contract and the iou signed by the bank with you are all important legal documents. As the loan term can be up to 3 years, as a borrower, you should take good care of your contracts and IOUs.

if you apply for a loan in a bank without a real estate license, it will affect the probability of approving the loan. Legal objectivity:

Article 395 of the Civil Code of the People's Republic of China, the following properties that the debtor or a third party has the right to dispose of can be mortgaged: (1) buildings and other land attachments; (2) The right to use construction land; (3) the right to use the sea area; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships and aircraft under construction; (6) Means of transportation; (seven) other properties that are not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.