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Where can I get the certificate if the real estate certificate is not issued and the mortgage is paid off?

After paying off the mortgage, you should get the property certificate at the real estate trading center. The house ownership certificates issued by the registration authority are uniformly numbered and printed by the Ministry of Housing and Urban-Rural Development and used nationwide; among the registration certificates, the mortgage registration certificate and advance notice registration certificate for projects under construction are also printed under the unified supervision of the Ministry of Housing and Urban-Rural Development. system. The property ownership certificate should be issued to the right holder. Real estate registration shall be handled by the real estate registration authority. Therefore, you should go to the real estate trading center with a valid ID card to pay the relevant fees and receive the real estate certificate.

There are three situations:

(1) Get your real estate certificate from the bank

If the original commodity real estate certificate has been mortgaged in the bank, the buyer still needs to After completing the loan, or repaying the loan early, you need to contact the bank in advance. The bank will tell the home buyer when to go through the relevant procedures. Different banks have different specific requirements, but generally banks will require home buyers to bring their ID cards, mortgage certificates, loan contracts, copies of insurance policies, and invoices.

After the home buyer goes to the bank to complete the settlement procedures at the agreed time, he will receive a repayment voucher. The bank will also return the original property certificate, sales contract and insurance policy to the home buyer. In this way, home buyers can get back their own commercial real estate certificate.

(2) Get your real estate certificate from the developer

This situation is more complicated. The home buyer has paid off the loan before the mortgage of the commercial real estate certificate is completed. Because the buyer's commodity real estate certificate has not yet been mortgaged, the developer is still in the phased mortgage stage, and there is still a triangular relationship between the bank, the developer, and the buyer. If the loan is repaid at this time, after receiving the repayment voucher from the bank, the home buyer can take the voucher to the developer to obtain the commercial real estate certificate. If the developer has already applied for the commercial real estate certificate, the home buyer can directly obtain the commercial real estate certificate. However, if the developer has not yet applied for the commercial real estate certificate, the buyers can only ask the developer to obtain the commercial real estate certificate as soon as possible.

(3) Handle cancellation of mortgage registration

Some banks do not require home buyers to deposit the original property certificate with the bank, but only need to register a mortgage, and the home buyers can do it themselves Hold a commodity real estate certificate with a mortgage registration mark. If this is the case, after the home buyer has repaid the loan, in addition to going to the bank to complete the procedures, he will also need to cancel the mortgage registration.

After the home buyer completes the settlement procedures at the bank, the bank will personally or entrust a lawyer to contact the competent administrative department to cancel (cancel) the mortgage registration, usually to the local construction committee (construction bureau) or the land and housing administration. Bureau handles. The requirements of various local construction committees (construction bureaus) or land and housing bureaus are different. You can consult your bank or these departments in advance. Under normal circumstances, in addition to ID cards, mortgage certificates, loan contracts, copies of insurance policies and invoices, home buyers also need to bring a repayment certificate issued by the bank.

If you are purchasing an existing house, there is no phased guarantee from the developer. There is only a relationship between the home buyer and the bank, and the second situation mentioned above does not exist. In short, repaying the loan does not mean that the house completely belongs to the home buyer. You must remember to cancel the mortgage registration and get back the property certificate you deposited with the bank.

Legal basis

"People's Republic of China and Civil Code"

Article 210 Real estate registration shall be handled by the registration agency where the real estate is located.

The state implements a unified registration system for real estate. The scope, registration agency and registration methods of unified registration shall be stipulated by laws and administrative regulations.