What are the risks of mortgage of real estate license?
First of all, it should be clear who the real estate license is mortgaged to. If it is personal mortgage, you need to understand that mortgage of real estate license is not equal to mortgage of real estate.
Therefore, when the real estate license is mortgaged, a Real Estate Mortgage Loan Contract must be signed, and the loan amount, whether to pay interest or interest rate standard, repayment period, repayment method, collateral and mortgage registration, liability for breach of contract, etc. must be clearly and specifically agreed, and mortgage registration procedures should be handled at the housing property management department after the contract is signed.
people in the real estate sector pointed out that with the increasingly frequent economic activities of citizens, there are more and more cases of mortgage with house property certificates, and the incidents of making fake property certificates have also increased. Therefore, when people borrow money from themselves with house property certificates, they must go to the real estate department to check the real estate files first.
The general public should take good care of their real estate licenses, ID cards and other documents, and don't easily disclose important personal information to prevent theft and "cloning"; When you lend money to others, you should not be tempted by high profits, and you should not easily sign a loan contract based on the certificate of housing property rights and the suspect's one-sided statement. You should go to the door to understand the owner's situation according to the address on the real estate license, and at the same time verify the authenticity of the real estate license and whether the borrower is the real estate owner. Bank credit officers should strengthen the pre-lending investigation, especially strictly examine the true identity of the lender, and check not only the name, gender, nationality, date of birth, address, citizen ID card and other items, but also photos.
Legal basis:
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;
(7) other properties not prohibited by laws and administrative regulations.
the mortgagor may mortgage the property listed in the preceding paragraph together.
article 4 to establish a mortgage, the parties shall conclude a mortgage contract in writing.
a mortgage contract generally includes the following clauses:
(1) the type and amount of secured creditor's rights;
(2) the time limit for the debtor to perform the debt;
(3) the name and quantity of the mortgaged property;
(4) the scope of the guarantee.
article 42 where the property specified in items 1 to 3 of the first paragraph of article 395 of this law or the building under construction specified in item 5 is mortgaged, the mortgage registration shall be handled. The mortgage is established at the time of registration.