1. Make signing documents such as "I. Second-hand Housing (Land) Mortgage Loan Contract" or "Real Estate Mortgage Loan Contract" or "Guarantee/Guarantee Contract".

2. Pre-verify the identity authenticity of the property owner, that is, the seller, borrower and mortgagor (domestic person) in the sale of second-hand houses through various materials provided by the bank in advance, understand the household registration information (that is, various relatives or identity relationships) of the above-mentioned people, consult the Shanghai Real Estate Register (that is, registration materials) of the mortgaged property, and at the same time check the notarized power of attorney, certificate and housing sales contract (second-hand houses and first-hand houses).

(II) Signing stage:

1. Check and copy the original ID card (or passport, Taiwan compatriot card, home visit card, etc.) of the borrower/mortgagor. ), birth certificate, household registration book (or household registration certificate, household registration vine, household registration book), marriage/divorce certificate (or divorce judgment, divorce mediation book, marriage certificate) and other documents indicating identity, household registration and marriage relationship. For individuals,

2. Explain and require the borrower/mortgagor to sign the second-hand house (land) mortgage loan contract or real estate mortgage loan contract or guarantee/guarantee contract. Other signing documents include Shanghai Real Estate Registration Application (Mortgage), Single Commitment Letter, Spouse Agreement, Self-occupation Commitment Letter and Lease Notice. While introducing the bank contract, we can talk about the legal topics that customers are interested in, including not only the analysis of a specific clause in the contract, but also other legal issues such as the real estate market, mortgage registration, creditor's rights and debts, so as to safeguard the professional image and professional ethics of lawyers.

3. If the entrusted party signs the Second-hand Housing (Land) Production Mortgage Loan Contract, the Real Estate Mortgage Loan Contract or the Guarantee/Guarantee Contract and handles the mortgage registration, it shall carefully check the notarized or certified original power of attorney, check the information such as the location, entrusted matters and sub-entrustment right of the mortgaged real estate, and kindly remind the trustee according to the experience of handling the mortgage registration; At the same time, if we need to entrust our firm or a third party to handle the mortgage registration, we must make an appointment with the notary office in advance or inform them to go to the notary office themselves afterwards.

4. Overseas individuals (holding foreign passports), Chinese mainland compatriots, Hong Kong compatriots, Macao compatriots and Taiwan Province compatriots, and those without domestic identity cards need to go through notarization procedures when signing house sales contracts, real estate mortgage loan contracts and power of attorney. At the same time, materials provided by foreigners, such as marriage certificate, power of attorney, consent, etc. To be valid, it must be notarized and certified by the following domestic and foreign institutions: a) Hong Kong: notarized by a Hong Kong lawyer authorized by the Ministry of Justice, and must be transmitted and sealed for confirmation; B) Macau: China Legal Service (Macau) Company; C) Taiwan Province Province: After being notarized by the Taiwan Province Provincial District Court, SEF will send the copy to Shanghai Notary Association, and the parties will go to Shanghai Notary Association to check the original and stamp it; D) Abroad: notarized by the local notary office and certified by Chinese embassies (consulates) abroad. If the above materials are in English, Chinese translations issued by foreign translation companies or other translation companies should be attached.

5. Inform the attorney fees and other collection fees (stamp duty on loan contract, real estate inspection fee, real estate mortgage registration fee, etc.). ). For the borrower of real estate mortgage loan, it is also necessary to indicate the transaction transfer fees that should be paid, including transfer fees, property registration fee, page fee, deed tax, stamp duty on sales contract, etc. At present, the real estate trading centers in all districts and counties of this city accept real estate transactions and tax purchases. The main expenses and transfer fees of the prompt transaction are roughly as follows: 1) Attorney's fees: each mortgage loan ranges from 650 yuan to 2,000 yuan, which is determined according to the cooperation agreement between the law firm and the bank. 2) Contract stamp duty: including the stamp duty on house sales contracts and loan contracts, with the sales contracts charged at *0.05% of the transaction price and the loan contract stamp duty charged at *0.0 1% of the loan amount. 3) Deed tax: the transaction price of non-ordinary houses is *3%, and that of ordinary houses is * 1.5% (for details, please refer to the Supplementary Notice on Strengthening Real Estate Tax Administration jointly issued by the four departments of Shanghai (June 1 day, 2005). 4) Registration fee: including property registration fee and mortgage registration fee. 80 yuan has a house or parking space, but 550 yuan has no house/registration unit. Other charging standards and matters can also be consulted or understood at the real estate trading centers in various districts and counties in Shanghai.

(3) mortgage registration stage:

1. Preparation before mortgage registration. Usually, after signing the contract, the lawyer will express the Property Mortgage Loan Contract, the Power of Attorney of the Bank (the bank entrusts the mortgagor or law firm to handle the mortgage registration and obtain the Shanghai Real Estate Mortgage Registration Certificate) and the Shanghai Real Estate Registration Application (mortgage) to the bank for seal, and the authorized signatory will sign or seal it; After that, the bank will express the stamped materials together with the materials for mortgage registration, including the bank business license (original/copy) stamped with the official seal, the financial license and the copy of the legal representative's identity certificate to the law firm.

2. The real estate trading centers in all districts and counties of this Municipality accept the registration of real estate mortgage according to the location of mortgaged real estate. At this stage, because each real estate trading center has its own operation process, the requirements for mortgage registration are only slightly different in details. For first-hand existing houses or second-hand houses, real estate mortgage registration must be handled at the same time as ownership transfer registration; For auction houses, the advance notice mortgage registration of pre-sold commercial houses can be handled together with the advance notice registration after the advance notice registration certificate is issued. When going through the mortgage registration formalities, the borrower/mortgagor shall bring the Shanghai Property Ownership Certificate, identity documents (if some rights holders are minor children, parents shall bring birth certificates or household registration books, and if they are over 16 years old, they shall bring their identity cards) and the original power of attorney (if any).

3. The password of the certificate of immovable property right. After September 1 day, 2006, the real estate trading center will automatically load the initial password certificate for each real estate title certificate; For the real estate certificate handled before September 1 2006, the owner of the house can apply for the encryption of the real estate certificate at the real estate trading center where the house is located. Therefore, there are also cases where the owner (second-hand house)/borrower/mortgagor can't apply for mortgage registration on the same day because of forgetting the password. In this case, you must wait for the password to be found or reissued (the deadline is 15 days) before going through the formalities. Although this rarely happens, lawyers need to remind clients in advance.

4. Obtain the certificate (the mortgage registration period is 7 days). Generally, on the seventh day after mortgage registration (excluding the acceptance date), the mortgagor or the lawyer entrusted by the mortgagor shall show his identity certificate and power of attorney (if any; Most real estate trading centers entrusted afterwards must notarize the power of attorney and the original receipt to receive the documents of Shanghai real estate ownership certificate and Shanghai real estate registration certificate (mortgage of other rights).

(four) legal advice and loan stage:

1, the lawyer issued a legal opinion. The lawyer will submit the originals (photocopies) of various materials collected and copied when signing the contract, together with the signing documents such as Real Estate Mortgage Loan Contract, and the originals of Shanghai Real Estate Register, Shanghai Real Estate Ownership Certificate (required by some foreign banks), Shanghai Real Estate Registration Certificate (mortgage of other rights)/Shanghai Real Estate Registration Certificate (mortgage of pre-purchased commercial houses in advance) (forward delivery) to the bank.

2. The bank decides the loan according to its own process.