The real estate license is the proof of the ownership of the house, but it does not represent the ownership of the house. The real estate bureau also has a certificate called his warrant. (The property right of others is a unique concept in China, which refers to the rights created against other people's real estate rights based on land use rights and real estate ownership, such as lease use rights, pawning rights, easements, mortgages, etc. Usually refers to the mortgage, and the certificate of other rights is held by the holder of other rights. A property can only have one other warrant, so if you mortgage it in the bank, the bank will handle the other warrant of your property in the real estate bureau, which means that your property rights are temporarily owned by the bank. The general bank will return the real estate license to you after handling his other rights. It's impossible to borrow any more. Don't apply until you have paid off the previous loan. Pure hand tour, please adopt.

Second, can't you get a real estate license if you have a mortgage?

If there is a mortgage, you can apply for a real estate license, but other warrants of housing property rights are mortgaged in the bank, and the mortgage of other warrants can only be revoked if the bank loan is paid off. Before the mortgage is revoked, the house has only the right to use and cannot be bought, sold or mortgaged. And there will be a sign on the real estate license that the house has been mortgaged. The real estate license is the certificate that the real estate buyer obtains the legal ownership of the house through the transaction, and can exercise the right of possession, use, income and disposal of the purchased house according to law. It is also the legal certificate that the state protects the ownership of the house according to law. Under what circumstances can't get the real estate license 1, and the developer is not qualified. If the developer has lost the qualification to handle the property right of the property, it is naturally impossible to handle the property right certificate for the buyers. Specifically, there may be the following situations: the development enterprise has gone bankrupt or been disqualified, and it is impossible to continue to apply for real estate ownership; Property is seized; The developer has not obtained the land use certificate or paid the land transfer fee in full; Or did not obtain the measured data of the construction area; Or unfinished completion filing work, etc. 2. The buyer's own reasons. When buying a house, the buyer failed to pay the house-related taxes and fees; Entrust or authorize others to handle the house property right certificate but fail to issue the relevant entrustment certificate; The relevant certificates for handling property rights are not provided adequately. 3. In case of black-hearted developers, some small developers may use one room for two purposes for a short time, or they may not get the real estate license. For example, the developer mortgaged the land or house to the bank or construction team, and the debt has not been paid off; Even the house is repeatedly sold (no contract is filed), which makes it impossible to apply for the real estate license. 4. Housing Management Department The housing management department sometimes delays the transfer of property rights, mainly because the speed of measurement and formalities is too slow. In this case, property buyers should raise objections to their higher authorities. If they are not satisfied with their answers or have no effect, they can bring an administrative lawsuit to the people according to law, which belongs to administrative inaction. The process of handling the real estate license is as follows: 1. Users bring ID cards, household registration books, purchase contracts and other documents and developers to the real estate exchange for transfer registration. 2. Users and developers shall pay the handling fee, deed tax, stamp duty and other transfer procedures to the real estate exchange with their ID cards and mapping forms after receiving the notice of the transfer procedures of the real estate exchange. 3. After completing the transfer formalities, the user can only apply for registration and submit relevant documents to the city and county housing and land administration bureau where the house is located within three months. After being audited by the Housing and Land Administration, users can get the real estate license. Legal basis: Article 221 of the Civil Law of People's Republic of China (PRC) stipulates that if a party signs a house purchase and sale agreement or other agreement on real property rights, it may apply to the registration authority for advance notice registration in order to ensure the realization of future real property rights. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within 90 days from the date when the real estate registration can be carried out, and the advance notice registration is invalid. Article 222 Where a party applies for registration by providing false materials, thereby causing damage to others, it shall be liable for compensation. If the registration error causes damage to others, the registration institution shall be liable for compensation. After compensation, the registration authority may claim compensation from the person who caused the registration error. Article 223 The registration fee for real estate shall be charged on a piece-by-piece basis and shall not be charged in proportion to the area, volume or price of real estate.

Third, is it your own property to sign a mortgage online?

Just because you have signed an online contract and secured a mortgage doesn't mean that you own the property completely.

In our country, the ownership of real estate needs to complete the registration of title certificate. The ownership and ownership information of real estate can only be confirmed after the property right certificate registration and real estate registration center verification. Only the owners and shares on the property certificate are the real property owners and distribution proportions. Therefore, only after the registration of house ownership is completed can you really own a house.

Online signing and mortgage are the necessary procedures for buying a house, and they are also important evidence to prove the intention of buying a house. However, it should be noted that even after the online signing and mortgage are completed, if the property registration procedures are not completed, the property buyers may still face certain risks due to related or litigation issues.

Therefore, in the process of buying a house, it is recommended that buyers carefully understand the local real estate-related policies and regulations, consult the staff of relevant departments or use the help of lawyers and other professionals to improve the purchase procedures to protect their related rights and interests.

4. Can't I get a real estate license if I have a mortgage?

Other warrants with mortgaged property rights can only be revoked after obtaining a bank loan. Before the mortgage is revoked, the house has only the right to use and cannot be bought, sold or mortgaged. And there will be a sign on the real estate license that the house has been mortgaged. The real estate license is the certificate that the purchaser obtains the legal ownership of the house through the transaction and enjoys the right to use, benefit and dispose according to law, and it is also the legal certificate that the state protects the ownership of the house according to law.

Under what circumstances can't I apply for a real estate license?

1, the developer is unqualified.

If the developer itself is dereliction of duty, it is naturally impossible to handle the housing for the buyers. Under any of the following circumstances: the development enterprise has gone bankrupt or has been taken to dispose of real estate; Property is seized; The developer has not obtained the land use certificate or paid the land transfer fee in full; Or the construction area has not been obtained and the completion record has been completed.

2. The buyer's own reasons

Property buyers did not pay taxes related to the house when buying a house; The entrustment certificate fails to issue the relevant entrustment certificate; The relevant certificates for handling property rights are not provided adequately.

3. Meet a black-hearted developer

Some small developers may use one room for two purposes in the short term, or they may not get the real estate license. For example, if it is pledged to a bank or a construction team, the debt has not been paid off; Even the house is so heavy that it is impossible to apply for a real estate license.

4. Housing management

Sometimes the housing management department will delay the transfer of property rights, mainly because the measurement is too slow. In this case, property buyers should raise objections to their higher authorities, and if it doesn't work, they can complain about the inaction of administrative organs according to law.

The process of handling the real estate license is as follows:

1. Users bring ID cards, household registration books, purchase contracts and other documents and developers to the real estate exchange for transfer registration.

2. Users and developers pay handling fees, deed tax, stamp duty and other transfer procedures to the real estate exchange after receiving the transfer procedures of the real estate exchange.

3. After completing the transfer formalities, the user can only go to the city and county housing and land administration bureau where the house is located with the real estate sales contract within three months, and submit relevant documents.

After being audited by the Housing and Land Administration, users can get the real estate license.

Legal basis:

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Article 221 Where a party signs a house purchase and sale agreement or other agreement on real right of immovable property, it may register in advance in order to ensure the realization of real right in the future. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur.

After the advance notice registration, if the application for registration is not made within 90 days from the date of registration of debt real estate, the advance notice registration shall be invalid.

Article 222 Where a party applies for registration by providing false materials, it shall be liable for compensation.

If the registration error causes damage to others, the registration institution shall be liable for compensation. After compensation, the registration institution may claim compensation from the person who caused the registration error.

Article 223 The registration fee for real estate shall be charged on a piece-by-piece basis and shall not be charged in proportion to the area, volume or price of real estate.