What are the precautions for unfinished real estate mortgage loans?
Lawyer Wang Jin of Shaanxi Meng Ming Law Firm replied:
Matters needing attention for unfinished real estate mortgage loans are as follows:
1. The mortgagor is the buyer of the auction house; 2. A valid pre-sale contract for commercial housing must be signed; 3. Forward mortgage must be registered.
In order to raise funds, real estate development enterprises often carry out pre-sale in the development process. Generally speaking, mortgage of projects under construction and pre-sale of commercial housing cannot coexist at the same time. In other words, when the commercial housing is pre-sold, the development enterprise should cancel the mortgage relationship with the bank, otherwise the purchaser will not be able to obtain the property certificate of the house.
Analysis of Wang Jin, a lawyer of Shaanxi Meng Ming Law Firm;
Like other real estate mortgages, there are two kinds of mortgages for projects under construction: general mortgages and maximum mortgages. General mortgage refers to a creditor's right corresponding to a mortgage, that is, each registered mortgage only corresponds to a specific legal relationship between creditor's rights and debts. Maximum mortgage is a legal relationship in which one mortgage corresponds to multiple creditor's rights, that is, a registered maximum mortgage can guarantee multiple creditor's rights and debts within a certain period. If the loan amount is determined, a mortgage can generally be set. If the loan amount will change in a certain period of time and the number of loans cannot be determined, setting the maximum mortgage is a better choice.
As far as the construction in progress is concerned, if the mortgage is set with the built part, the amount of principal creditor's rights can be determined according to the value of the collateral because the value of the collateral is limited to the built part. Generally, a general mortgage can be set. With the continuous construction of the project, the value of collateral will increase, and the amount of collateral can be increased accordingly, so the mortgage change registration or mortgage establishment registration of the increased collateral can be handled accordingly. However, if the image progress of the completed project has reached more than 50% when the mortgage is set, and the developer can set the mortgage with the value of the completed part to obtain all the subsequent funds by stages, then of course, the maximum amount of mortgage can be set, and the loan can be circulated or gradually issued according to the project progress within the credit line, so it is not necessary to register the mortgage every time a new loan is added. Therefore, the choice of mortgage method depends entirely on the needs of the lender and the mortgagor for loan or payment, and the registration authority cannot specify its mortgage method without reason.
Lawyer Wang Jin has been conscientious and responsible since his practice. He is very popular with customers. Good at marriage and family, private lending, contract disputes, work-related injuries, traffic accidents, creditor's rights and debt disputes, etc. For litigation cases, conduct detailed strategic analysis, and provide professional legal advice for non-litigation cases!
Related Q&A: Related Q&A: Can I go to a second mortgage without a mortgage? Thank you for inviting me to answer: From the point of view of whether it can be mortgaged, the answer is yes. In other words, yes, then, I need to tell you the details.
1. If you apply for a loan in addition to the mortgage, as long as your conditions meet the requirements of the loan bank, it is only a matter of collateral. The residual value of the house you mortgaged after deducting the remaining mortgage can meet the mortgage requirements of the loan bank. No problem, you can go to two mortgage.
Second, because you haven't paid off your mortgage, it depends on your income, the purpose of borrowing and the remaining mortgage amount to decide whether the bank can approve it. In other words, whether you are eligible for a second loan is very important.
Third, if you choose a mortgage bank or a late loan bank, there is no mortgage order problem. Otherwise, the lending banks behind will have scruples, because the mortgage banks are behind them. So I suggest that if you are going to mortgage your house for a second loan, it will be easier to continue to choose a mortgage bank.
Personal opinion, for reference only, welcome criticism and praise!