When applying for a mortgage loan to buy a house, his rights will be recorded on the real estate license. Property buyers buy new houses in development companies and apply for mortgage loans. Now they need to turn to their existing houses for mortgage loans. If the pre-purchased commercial housing is registered with advance notice of mortgage, after the purchaser handles the real estate license, the housing registration agency will change the pre-mortgage registration to the existing mortgage registration, and issue the Property Ownership Certificate to the mortgagee.
The real estate is mortgaged, that is, without canceling other warrants, the right to dispose of the real estate is restricted, and legal transactions cannot be conducted without the consent of the mortgagee, and relevant procedures such as property transfer cannot be handled.
The registration of other rights refers to the registration of house ownership by setting other rights such as housing mortgages and pawning right. Because the owner of mortgage to buy a house, whose property right is currently in the state of bank mortgage, must apply for other warrants in the Housing Authority to prove that the house is being mortgaged. Avoid the situation that the house is mortgaged and re-mortgaged without other warrants.
legal ground
People's Republic of China (PRC) Civil Code
Article 388 To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults. Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.