1. What is a real estate mortgage loan?
1. Definition: Real estate mortgage loan usually refers to a loan secured by real estate or enterprise equipment.
2. The characteristics are: subordination, priority, complementarity, specificity, non-transferable possession, etc.
Second, how to reflect the unregistered effect of real estate mortgage?
1. According to the provisions of China's property law, residents' failure to apply for mortgage registration will not affect the establishment and effectiveness of the mortgage contract, but will affect the establishment of the mortgage right. Without mortgage registration, the real estate cannot enjoy the priority of compensation, and the mortgage right is not established.
2. The mortgage of real estate is not registered, so it cannot be effective against a third party, and the other party's mortgage is established.
Three. Problems needing attention in real estate mortgage loan
According to China's "Guarantee Law", "Measures for the Administration of Urban Real Estate" and other relevant laws and regulations, the land ownership of some real estate and real estate in China, the collective land use right of buildings without ground, buildings listed as cultural relics protection and buildings with commemorative significance cannot be mortgaged.
Fourth, real estate mortgage registration
There are three specific situations in the mortgage registration of real estate mortgage. First, only sign the mortgage contract, not apply for mortgage registration. The second is to sign a mortgage contract with the mortgagor, but seize the property right certificate of the mortgaged real estate when the mortgage registration is not handled. Three, signed a mortgage contract with the mortgagor did not apply for mortgage registration, give a notarized document for compulsory execution, but apply for a notarized mortgage contract.