When applying for a real estate certificate mortgage loan, the borrower must apply for other property rights certificates.
Because if the mortgage is not registered with the real estate registration agency, its mortgage rights will not be protected by law; on the contrary, if the mortgage is registered, when the borrower cannot repay the loan, the bank can auction it and obtain the proceeds. The funds can be used first to repay the principal and interest of the loan.
In addition, when the borrower repays the loan in accordance with the contract, he must go to the local real estate transaction registration department with the bank agent *** with the mortgage cancellation certificate issued by the bank, his valid identity certificate and other documents Cancellation of mortgage registration procedures.
The provision of mortgage of houses and land is only to resolve conflicts of interest when land use rights and house ownership belong to different rights holders, and is not intended to forcibly expand the effectiveness of mortgage rights. When the mortgaged land use rights and house ownership are auctioned to realize the mortgage rights, the house ownership and land use rights can be auctioned together. However, the effectiveness of the mortgage rights cannot extend to the unsettled parts, and the mortgagee cannot Priority for payment.
Real estate mortgage loan means that the borrower uses the purchased commodity house as a mortgage. The loan bank provides the borrower with a package of financial services to meet the needs of the borrower to purchase houses, parking spaces, large-scale durable consumer goods, cars and home decoration, etc. demand for RMB loans.
The maximum loan period for new house loans shall not exceed 30 years, and the maximum loan period for second-hand houses shall not exceed 20 years; the loan amount is 70% of the appraised value of the house; the loan interest rate shall be based on the loan interest rate for the same period and grade stipulated by the People's Bank of China , the base annual interest rate is 5 points 94%.
The property owner uses the property deed as a mortgage to obtain a loan and pay interest on schedule. The property rights of the house are still managed by the property owner. The creditor only collects interest on schedule but does not have the right to use and manage the house. When the loan is repaid and the property owner takes back the mortgage, the mortgage will be completed. If the debtor is unable to perform its debts, the creditor has the right to dispose of the mortgaged house in accordance with the law and receive priority in repayment from the proceeds from the disposal of the mortgaged house.
The party who provides the mortgaged house is called the house mortgagor, and the original creditor who accepts the mortgaged house is called the house mortgagee. The mortgagor of a house must have full capacity for civil conduct. Persons without capacity for civil conduct or with limited capacity for civil conduct are not allowed to set up a house mortgage.