According to Article 4 1 of the Guarantee Law of People's Republic of China (PRC), the real estate mortgage shall be registered, and the mortgage contract shall take effect from the date of registration.
The process of real estate mortgage registration:
(1) Application for mortgage registration
To handle the registration of real estate mortgage, the following documents shall be submitted to the registration authority:
1, application for real estate mortgage registration;
2. The identity certificate or legal person qualification certificate of the mortgagor;
3. Housing mortgage loan mortgage contract;
4. State-owned land use certificate, house ownership certificate or real estate certificate;
5. Documents and certification materials that can prove that the mortgagor has the right to set mortgage;
6. Information that can prove the value of mortgaged real estate;
7. Other documents deemed necessary by the registration authority.
(2) Accepting applications
Examining whether the documents submitted by the bank loan applicant are true and complete; if the application documents do not meet the requirements, they will not be accepted; If the application documents meet the requirements, it shall be accepted and given the application number, and the receipt shall indicate the documents received, the date of acceptance and the number. Except for provident fund loans.
(3) Audit
1. The registration institution shall find out the real estate right status of the application for transfer registration from the real estate register, and reject the application for transfer registration under any of the following circumstances:
(1) The nature of the ownership source is to restrict the mortgage of houses without the consent of the relevant departments (including welfare houses, micro-profit houses, administrative allocated land and land with reduced land price);
(2) According to the urban planning, the government decided to take back the land use right;
(three) the judicial organs and administrative organs have decided to seal up or restrict the real estate rights in other forms according to law;
(4) * * owns real estate without the written consent of other * * * people;
(five) the ownership is controversial;
(six) laws, regulations or the provisions of the municipal and district governments prohibit the transfer.
If the application for registration is rejected, the applicant shall be notified in writing within a specified time from the date of accepting the application.
2. Find out the right status of real estate mortgage registration from the real estate register or computer records, and examine whether the following documents are true, complete and effective:
(1) identification;
(2) Real estate certificate or other real estate right certificate;
(3) Whether the application for mortgage registration is filled in as required;
(4) Whether the mortgage contract complies with relevant laws and regulations.
If it meets the requirements after examination, it shall be approved and registered, and the mortgagor shall be notified.
(4) Registration
1. If the mortgage registration of the housing loan is approved, a special seal for mortgage shall be affixed to the real estate title certificate, and a mortgage record shall be made in the real estate register. The mortgage record shall include the name, area, value, mortgage amount and mortgage term of the mortgagor and mortgagee and the mortgaged property.
2. When purchasing real estate mortgage in advance, a special seal for mortgage shall be affixed to the sales contract.
(5) Fees for issuing certificates
1. The collection standard of registration fee shall be implemented in accordance with relevant national or local regulations.
2. Return the real estate title certificate stamped with the special seal for real estate mortgage to the mortgagor within the specified time (the mortgagor will receive it with the receipt, identity certificate and payment voucher).
(6) filing. Establish land and real estate registration files according to regulations.
Extended data:
Real estate mortgage registration materials
1, copy of business license;
2. The identity certificate or legal representative certificate of the mortgagor;
3. If it is handled by an agent, there shall be a power of attorney from the legal representative or the party concerned;
4. Loan contract (master contract);
5. Mortgage contract;
6. Proof of property right of collateral (including "State-owned Land Use Right Certificate" and "House Ownership Certificate");
7. If the collateral belongs to a joint venture or joint-stock company, there shall be a resolution of the board of directors agreeing to mortgage;
8. If the mortgage is repeated, a written document of the original mortgagee's consent to mortgage again shall be provided;
9. If * * * has real estate mortgage, all written documents agreed by * * * shall be provided;
10. The mortgagor shall have written documents to prove that the collateral provided by him is free from legal defects;
1 1. Other legal documents related to mortgage.
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