1. Do you need the husband and wife to sign the mortgage loan for real estate license?

Mortgage bank loans need to be signed by both husband and wife. When handling mortgage loans, the property owner and his spouse are required to sign, because it involves the distribution of husband and wife's property. At the same time, the house after marriage is the same as the real estate loan, and it is also the same as the debt. Both husband and wife are responsible for repayment, so both parties need to sign.

The house belongs to both husband and wife, so both parties have the same right to dispose of it, and neither party can claim rights on behalf of the other. Therefore, if you want to mortgage the property jointly owned by husband and wife, you must get the written consent of someone. If you buy a house after marriage, then the house belongs to the joint property of husband and wife. You need both husband and wife to be present before you can sign an iou or buy or sell, otherwise you can't do the transaction.

Judging from the process of housing mortgage loan, it is difficult to successfully handle this business without the consent of any party. Real estate mortgage loan is a mortgage loan provided by banks or other financial institutions with real estate or real estate as material guarantee for repayment. It is the main form of real estate credit business and occupies an important position in loan business.

2. What are the procedures for real estate mortgage loan?

Loan application: the borrower proposes the purpose, amount and term of the loan;

Preparation of loan materials: the borrower and the mortgagor shall prepare all the documents and certificates required for applying for loans as required; Including: my spouse's ID card, household registration book, income certificate, personal consumption contract and marital status certificate; Property ownership certificate, owner's and spouse's ID card, household registration book and proof of marital status.

Housing evaluation: relevant institutions conduct on-the-spot investigation, evaluation (survey) and valuation of mortgaged houses;

Loan approval: submit all loan application materials together with the evaluation report or opinion to the bank for approval;

Notarization of loan contract: after the borrower and mortgagor fill in (loan contract) and all relevant documents, sign them and press their fingerprints, they will be notarized by a notary;

Mortgage registration procedures: the bank shall go to the property right office for mortgage registration with the house ownership certificate and notarized loan contract;

Opening an account and lending: the borrower opens a repayment account and the bank lends money to this account.

Three. Notary mortgage registration has the following effects

1. The mortgagee has the right to oppose the third party from the date when the notarization institution issues the mortgage registration certificate.

2, according to the provisions of the people's governments at or above the county level for property mortgage, mortgage contract shall come into effect from the date of the notary public issued a mortgage registration certificate.

3. When the mortgage contract is terminated, dissolved, the collateral is lost or the mortgage is realized, the mortgage notarization registration becomes invalid.

Rural private property is definitely related to real estate in the scope of the subject matter of mortgage registration handled by notarization institutions. Private property of rural individuals refers to the real estate owned by individuals and rural collective economic organizations within the scope of housing occupation.

Legal objectivity:

Article 1063 of the Civil Code of People's Republic of China (PRC): (1) one party's pre-marital property; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party. Article 1065 of the Civil Code of People's Republic of China (PRC) * * * Both men and women can agree that the property acquired during the marriage relationship and the pre-marital property are owned by themselves, jointly owned or partially owned by * * *, and partially owned. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.