According to the guarantee law, the mortgagor and the mortgagee shall sign a written mortgage contract. Private lenders and borrowers do not sign loan contracts when borrowing money, but only IOUs, the content of which is too simple. Taking the house as a mortgage, not signing a real estate mortgage contract, but verbally agreeing, is easy to cause disputes. Once a legal dispute occurs, it is difficult for the parties to prove their claims in law, and even if they go to court, it is sometimes difficult to safeguard their legitimate rights and interests.

1. A third party will use its own house as a guarantee for the debtor's loan and will not sign a mortgage contract. In practice, the third party provides guarantee for the debtor. In order to protect one's rights and restrain the debtor from fulfilling his obligations in time, the debtor is often required to provide counter-guarantee. In this case, it is necessary to sign not only a written mortgage contract, but also a written counter-guarantee contract to urge the debtor to repay in time and ensure that his house is not frozen and executed.

Two, private lending parties to real estate mortgage, mortgage contract registration to the housing management department. Only the real estate license of one's own house is delivered to the creditor for pledge. According to China's "Guarantee Law", real estate mortgage shall be registered as collateral, and the mortgage contract shall take effect from the date of registration. Failure to register the mortgage may result in the mortgage being invalid. At the same time, because the registration is not in place, the housing management department has repeatedly found that in private personal loans, fake real estate licenses are made and delivered to creditors as guarantees.

Third, most private mortgage loans are secured by their existing houses (many of which are the only houses). This may lead to the invalidation of creditor's rights. Therefore, experts suggest that the parties involved in private lending mortgage should fully investigate the borrower's credit, verify the borrower's housing situation, sign all legal documents, and register the corresponding mortgage contract with the housing management department to obtain other warrants.

Four, the real estate mortgage refers to the real estate owner to the deed as collateral, to obtain loans and pay interest on schedule. The property right of the house is still managed by the property owner himself, and the creditor only takes interest on schedule and has no right to manage the house. After the loan is paid off, the property owner will terminate the mortgage of the deed.

Five, when the debtor fails to perform the debt, the creditor has the right to dispose of the mortgaged house according to law, and give priority to compensation in the proceeds from the disposal of the mortgaged house. The party who provides the mortgaged house is called the mortgagor, and the original creditor who accepts the mortgaged house is called the mortgagor. The mortgagor of a house must have full capacity for civil conduct, and a person without capacity for civil conduct or with limited capacity for civil conduct may not set up a house mortgage.

6. What is the real estate mortgage registration process?

1. The purpose, amount and term of the loan proposed by the borrower to the financial institution. If the loan application meets the loan scope of this financial institution, then you need to prepare the corresponding information.

2. Prepare loan information: If it is a personal mortgage loan, you need to provide your own and your spouse's ID card, household registration book, income certificate, corresponding contract for personal consumption, proof of marital status, and house ownership certificate.

If an enterprise needs to mortgage real estate, the materials it needs to provide include: three certificates, account opening permit, articles of association, enterprise capital verification report, purchase and sale contract, annual financial statements of the previous year and financial statements of the last six months, and asset certificates (different materials will be provided according to different banks).

3. Appraisal of house inspection: After the bank submits the above information, it shall conduct on-the-spot investigation and appraisal of the mortgaged property according to the submitted information. Each link is an important link in the process of real estate mortgage loan, which directly determines the amount of your mortgage loan. Generally speaking, there will be some discrepancy between this assessment and the market price, because the assessment agency will consider multiple factors.