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Bank loan mortgage contract reissue
How to reissue the loan mortgage contract if it is lost?

The ways to reissue the lost mortgage contract are: 1. If the loan contract is lost, you can bring your valid identity certificate to the loan bank and ask the bank to copy the original contract again. 2. Those who apply for provident fund loans can bring their valid identity documents to the provident fund center to check the files; Of course, you can also go to the real estate mortgage registration department to check the files. After completing the registration, you need to change the registration.

legal ground

Article 394 of the Civil Code guarantees the performance of debts. If the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

How to reissue the lost house purchase contract and bank mortgage contract?

After the purchase contract is lost, different solutions are needed according to different situations, mainly in the following three ways:

1. If the contract is lost before the pre-sale registration of the house purchase contract, just void the remaining contract and sign a new contract with the developer.

2. If it is lost before the pre-sale registration of the house purchase contract is completed and the bank mortgage is not started, a statement that the contract is invalid shall be published in the newspaper. After the expiration, the organ holding the newspaper to do the pre-sale registration applies for cancellation of the signed contract, and then re-sign the contract with the developer before doing the pre-sale registration.

3. If it is lost after the pre-sale registration is completed and the bank mortgage procedures have been completed, in addition to the procedures handled in the second case, the buyer must sign a change agreement with the bank that handles the loan and put the new contract in the bank, because the original purchase contract has been cancelled and should be replaced with a new contract.

If the bank mortgage contract is lost, it is suggested to issue a certificate to ICBC or request the loan contract to be completed, and provide relevant materials as required by the bank. At least the bank has a copy, and the copy certificate is consistent with the original. Consult the banks specifically. After all, the requirements of each bank are inconsistent.

Extended data:

The main contents of the purchase contract include the following aspects:

1. Party A's land use basis and commodity house status, including location, area, existing house, delivery, etc.

2. House prices, including taxes and fees, handling of area differences, and special agreements on price and fee adjustment;

3 payment agreement, including preferential terms, payment time, payment amount, liability for breach of contract, etc.

4. Delivery agreement, including time limit, liability for overdue breach of contract, design change agreement, house handover, liability of the defaulting party, etc.

5, quality standards, including decoration, equipment standards, commitment and liability for breach of contract, infrastructure, public * * * supporting the normal operation of the building commitment, quality dispute handling, etc. ;

6, property registration and property management agreement;

7. Warranty responsibility;

8. Party B's right to use;

9. A dispute arbitration institution recognized by both parties;

10, liability for breach of contract;

1 1, other related matters and accessories, including house plan, decoration, equipment standards, etc.