1. Does the borrower mortgage the house for many times?
Don't worry about this problem at all. As long as you take the house formalities to the local real estate bureau for the record, the archives of the real estate bureau can be seen at a glance. At present, many places in China can't even enter two mortgage, let alone get multiple mortgages. (Note: If private lending practitioners don't know what's going on, don't get mixed up in this business. In addition, according to the judicial theory of the Security Law on the priority of mortgage and preemptive right, real estate can be mortgaged indefinitely, but the housing management regulations of many cities do not allow it. This is the contradiction between the administrative level and the judicial level at present, so I won't discuss it here. )
2. Is the borrower's property the only housing? Is it less than 70 square meters? Did you provide a true second residence certificate during the audit? Can overdue property be executed (realized)? (The value of real estate is not discussed here)
The original intention of providing the second residence certificate is to prevent the only house in loans overdue from being unenforceable, but I can solemnly tell you here that once loans overdue needs to take it back, the first principle is to avoid litigation and not to be enforced by the court. Below I will describe how this is achieved.
At present, there are basically six kinds of contracts or procedures for private lending when handling mortgage. In fact, there are six kinds of judicial rights (four independent rights+two subordinate rights), namely: 1, creditor's rights, 2, mortgage (creditor's rights subordinate rights), 3, subrogation of property rights, 4, term property rights, 5, compulsory documents with enforcement effect, and 6, deposit security rights.
1. Creditor's rights: loan contract.
2. Mortgage: mortgage contracts and procedures, the ranking of creditor's rights is secondary (certificate of other rights, at present, most areas in China can only register for the first time, and a few areas are not restricted).
3. Subrogation of property rights: an irrevocable house with full notarization (this is the most important).
Reminder: The trustee should not be the creditor (mortgagee) himself, but a third person (not a direct relative) entrusted by the creditor (mortgagee). The purpose is to prevent the house from being difficult to realize (in case the house is not easy to sell). At this time, the trustee can directly transfer the house to the creditor (mortgagee). To put it more bluntly, if the money released at that time could not be collected and the house could not be sold, it would be a big deal that he could still have a house left and realize it in the future. Moreover, if you turn to yourself, you can play low evaluation and high loan or low signing and high income, and you can get more money, so I won't explain it in detail here.
Key points: This entrustment notarization is extremely powerful. The trustee can directly transfer the house to anyone except the trustee himself and the trustee's immediate family, including the mortgagee, without notifying the original property owner (debtor and mortgagor), and then directly take over the house. At this time, the house has been transferred and renamed, completely divorced from the original property owner, and it is the property right, not the mortgage right, that takes over the house. Property right belongs to the right of formation, not the right of claim, and has nothing to do with whether the house is the only house. More importantly, it is not the creditor (mortgagee) who exercises the mortgage right at this time, but the third assignee who exercises the property right. Even if the house is transferred to the creditor (mortgagee), the act of repossession is also the exercise of property rights, which has nothing to do with creditor's rights and mortgage rights. In my offline operation, the unlocking companies in all districts of the city have been cooperating with us for a long time. If the repossession doesn't cooperate, they will directly change the lock core with the unlocked lock, and directly clear the people. It is useless for the original property owner to report the case (as long as it does not hurt people). After the police station went out, the police only spoke to the real estate license, and they have been offline for nearly eleven years, and there has never been a problem (you need to get a new real estate license after the transfer, and it takes about 7 to 15 days for the expedited processing, and the expedited fee is about 420 yuan. Note: The property file will be changed immediately after the transfer).
Here, I read many online articles, saying that the house with old people and children is the only house that can't be closed, and I also talk about humanitarianism, and so on. I can tell you without hesitation that these are all bullshit. The first thing for private lending to survive is that we don't lead troops or borrow money. We don't comment on the quality of this. If we want to survive in the circle of private lending, we must have such a wolf nature. In the world of private lending, there must be such a wolf.
Overview of the rights of the trustee in the notarization of irrevocable house with full power of attorney: the trustee handles all the affairs of the house instead of the original owner, which has the same legal effect as the original owner, including signing a contract on behalf of the original owner, canceling the mortgage, changing the name of the transaction, paying all taxes and fees, collecting the house payment, paying off all the debts attached to the house that do not exceed the price charged instead of the original owner, and exempting the trustee from all responsibilities. (For non-related transactions, the house payment will be transferred to the fund supervision account of the Real Estate Bureau and directly transferred to the account designated by the trustee and its obligee (mortgagee) within three to seven working days). There will be some differences in the operation methods in different places, but they are all similar and the routines are similar.
If the house is sealed up again during the mortgage period, there are two ways to play at this time: one is to directly find the person who filed the preservation lawsuit and communicate with him. Of course, the person who filed the preservation lawsuit will understand that it will take two years for the house to be enforced, and everyone knows how much the house is worth. Tell him clearly that we can sell the house directly, deduct the amount of my creditor's rights after realizing it, and buy the rest of your creditor's rights, that is, the transfer of creditor's rights.
4. notarization of house sales.
If the house is seized again during the mortgage period, another way to play is to file a lawsuit, but there is a key point. This matter is almost not public on the Internet, that is, when a creditor files a lawsuit, he will not file a lawsuit with a loan mortgage contract, but with a notarization of the sale, because it is faster to implement, and he will get the house in five or six months, and then he will find a way to realize it.
Another advantage is that when the house is not easy to realize, as the last line of defense, when the above-mentioned trustee transfers the house to the mortgagee, the original owner of the house is prevented from defending with the mobile guarantee contract. When the real right is regarded as the real right for the creditor's rights in the Guarantee Law of People's Republic of China (PRC), the mobile guarantee contract is invalid.
5. Creditor's rights documents with enforcement effect: compulsory notarization (offline business has been in use for nearly 10 years, and it has never been used, but it is just a designed line of defense).
6. Deposit security right (subordinate right of term real right): put the loan amount into the notarial certificate to make it a house purchase deposit. (hint: the deposit is not a down payment)
(Note: All the above procedures only cost less than 900 yuan's money, excluding the overdue house transfer fee and the urgent fee for the new real estate license after the transfer. )
3. If the borrower is married, are both parties present (real estate bureau, notary office) to sign?
Before entering the custody, bring the borrower's (property owner's) household registration book to the local police station to check the household registration file. All the information is clear at a glance. If you have a spouse or other people, you must go to the notary office and the real estate bureau to go through the formalities. If the borrower (property owner) is single, a single certificate must be issued.
The borrower is not single, or does not own a house alone, or owns a house before marriage but has not been notarized before marriage, or owns a house after marriage but has not been notarized after marriage, or has not divided the property after divorce (except that the divorce agreement clearly indicates the details of property division and the final judgment has been effective but not implemented). In any one or more of the above cases, both parties must sign in person.
4. Are there any minor children and elderly people in the mortgaged property account?
Don't worry after you notarize the house. Please refer to the explanation of item 3 of question 2.
Five, about affordable housing, land rent and other mortgage issues.
The real estate bureau simply does not accept the mortgage registration of affordable housing and government rental housing. In some areas, you can't even apply for affordable housing or government rental housing. What about the mortgage? Some people may ask: If the borrower hands over the formalities such as the real estate license of this kind of property to the borrower and signs a mortgage agreement, will the mortgage take effect? If the lender lends him money, it is really an anecdote. As a private lender, don't you know that the People's Republic of China (PRC) Guarantee Law takes real estate as the security right of creditor's rights, which is the only judicial effective element? If you tell me I don't know, I advise you not to set foot in the private lending industry.
6. Did the house say it was going to be closed? Who is collecting it?
As mentioned above, it is the new property right holder (transferee, including the original mortgagee (other rights holder)) who exercises the property right of the house, and the property right is the right of formation, not the right of claim.
The "rule" of offline private lending is that lenders help to collect money, which is nothing.
Seven, about whether the mortgaged property has been leased to others before the mortgage.
According to "People's Republic of China (PRC) City Housing Management Law", housing rental needs to be registered with the local real estate department (after filing). Without registration, it may not confront a third party.