Notary Law of People's Republic of China (PRC) [1]

Article 37 If the debtor fails to perform or improperly performs the notarized creditor's rights document with payment as its content and stating that the debtor is willing to accept the commitment of enforcement, the creditor may apply to the people's court with jurisdiction for enforcement according to law.

If the creditor's rights documents specified in the preceding paragraph are indeed wrong, the people's court shall rule that they shall not be executed, and serve the ruling on both parties and the notary public.

People's Republic of China (PRC) Civil Procedure Law (revised 20 12)

Article 238 If one party fails to perform the creditor's rights documents that can be enforced by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them.

If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.

What's the difference between compulsory notarization and entrusted notarization?

Any notarization has the same legal effect.

Joint Notice of the Ministry of Justice of the Supreme People's Court on Relevant Issues Concerning the Compulsory Enforcement of Creditor's Rights Documents by Notary Organs

specify

I. Creditor's rights documents endowed with enforcement effect by notary organs shall meet the following conditions:

(a) the creditor's rights documents contain the contents of paying money, goods and securities;

(two) the relationship between creditor's rights and debts is clear, and the creditor and debtor pay the creditor's rights certificate.

Undoubtedly righteous;

(three) when the creditor's rights documents show that the debtor fails to perform his obligations or fails to fully perform his obligations, the debt

People are willing to accept the promise of enforcement according to law.

II. The scope of creditor's rights documents endowed with enforcement effect by notary organs:

(1) Loan contracts, loan contracts and lease contracts without property guarantee;

(2) Creditor's rights instruments for selling goods on credit;

(3) All kinds of IOUs and IOUs;

(4) repayment (material) agreement;

(five) to pay alimony, maintenance, parenting, tuition, compensation (compensation) as the content.

Agreement;

(6) Other creditor's rights documents that meet the conditions for giving enforcement effect.

What does compulsory notarization of real estate mortgage mean?

Real estate mortgage loan process:

1. The borrower opens a current deposit account in the bank;

2. Information required for preparing the loan;

3. Sign the bank face to face;

4. Bank filing and approval;

5. After approval by the bank, notify the borrower of the approval result and sign a loan contract with the borrower;

6. Go to the Construction Committee for mortgage registration;

7. The Project Construction Committee issues his right certificate;

8. Handle insurance, notarization and other procedures as appropriate;

9. The bank directly transfers the loan to the account agreed in the contract;

10. The borrower repays the loan principal and interest according to the loan contract.

What does the whole Committee notarization mean?

Never heard of it.

The difference between ordinary notarization and compulsory notarization

Any notarization has the same legal effect.

Joint Notice of the Ministry of Justice of the Supreme People's Court on Relevant Issues Concerning the Compulsory Enforcement of Creditor's Rights Documents by Notary Organs

specify

I. Creditor's rights documents endowed with enforcement effect by notary organs shall meet the following conditions:

(a) the creditor's rights documents contain the contents of paying money, goods and securities;

(two) the relationship between creditor's rights and debts is clear, and the creditor and debtor pay the creditor's rights certificate.

Undoubtedly righteous;

(three) when the creditor's rights documents show that the debtor fails to perform his obligations or fails to fully perform his obligations, the debt

People are willing to accept the promise of enforcement according to law.

II. The scope of creditor's rights documents endowed with enforcement effect by notary organs:

(1) Loan contracts, loan contracts and lease contracts without property guarantee;

(2) Creditor's rights instruments for selling goods on credit;

(3) All kinds of IOUs and IOUs;

(4) repayment (material) agreement;

(five) to pay alimony, maintenance, parenting, tuition, compensation (compensation) as the content.

Agreement;

(6) Other creditor's rights documents that meet the conditions for giving enforcement effect.

What is compulsory notarization?

If the borrower promises not to perform or not fully perform the contractual obligations without court proceedings, the creditor's rights documents signed by both parties may be given compulsory enforcement effect by the notary office. Once the borrower fails to perform the debt, the lender can apply to the court with jurisdiction for enforcement with the execution certificate and the execution certificate to protect the creditor's rights.

How to handle compulsory notarization

According to Article 1 of the Joint Notice of the Supreme People's Court and the Ministry of Justice on Relevant Issues Concerning the Enforcement of Creditor's Rights Documents Granted by Notary Organs (hereinafter referred to as the Notice), the creditor's rights documents with enforcement effect granted by notary organs shall meet the following conditions: (1) The creditor's rights documents have the contents of paying money, goods and securities; (two) the relationship between creditor's rights and debts is clear, and the creditor and debtor have no doubt about the payment content of the creditor's rights certificate; (3) When the creditor's rights document states that the debtor fails to perform his obligations or fails to perform his obligations completely, the debtor is willing to accept the promise of enforcement according to law. However, in addition to the above conditions, according to the provisions of the Notice, creditors applying for enforcement must first apply to the original notary office for a certificate of enforcement. Article 6 of the Notice also stipulates that the execution certificate issued by the notary office shall specify the person subjected to execution, the subject of execution and the time limit for applying for execution. Liquidated damages, interest, late fees, etc. Debts arising from the debtor's non-performance or incomplete performance may be included in the subject matter of execution. In addition, according to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (for Trial Implementation), the creditor's rights documents that have been given enforcement effect by the notary public according to law shall be executed by the people's court where the person subjected to execution resides or where the property subjected to execution is located. Based on the information provided by you, you apply to the basic people's court of Wang's domicile for enforcement with a notarial certificate and an execution certificate.

Is the enforcement certificate valid?

If there is not enough direct evidence to prove that the borrower did not sign the mortgage agreement voluntarily, the notarized mortgage agreement cannot be overturned. What you have found now can only be a scratch, and the court will not accept it. Conversation record, application form, etc. They are only the internal files of the notary office, and what the court sees is the notarized text stamped with steel seal.

Why do mortgage loans to China CITIC Bank need to be strong and fair?

The strong notarization of CITIC Bank is aimed at customers who think they are risky and have insufficient system scores. Perform notarization and perform legal procedures more quickly. The main reason is that the current lending market is chaotic, and many customers take real estate and go to private lending.

What is the first execution in debt and what is compulsory notarization?

Pre-execution refers to the measures taken by the people's court to order the debtor to perform the obligations specified in the future effective judgment in advance in order to solve the urgent needs of the creditor's life or production and operation before the judgment ends. The creditor shall file an application for execution in advance with the sued people's court in written form, and the people's court shall not take measures on its own initiative without the creditor's application. First execution is the first realization of creditor's rights. If it is not clear who enjoys the rights and who assumes the obligations between the parties, there will be no problem of pre-realization of the rights. Prior execution should be limited to the scope of the creditor's rights of the parties and the urgent needs of the parties' life, production and operation.

The focus of prior execution is to meet the urgent needs of creditors. For example, the plaintiff suffered serious physical injuries due to highly dangerous operations and was in urgent need of hospitalization. The plaintiff could not afford the medical expenses, but could not negotiate with the defendant who had the obligation to bear the medical expenses. He sued the people's court and asked the court to make a judgment. It takes a long time from prosecution to effective judgment in civil cases. If it is not implemented first, it will inevitably delay the plaintiff's treatment or cause serious consequences. In this case, if it is not executed first, the debtor will perform its obligations after the people's court makes an effective judgment, and the creditor will not be dealt with in time. This problem can be solved by the people's court ruling according to law and implementing it first.

Relevant laws and regulations: Article 37 If the debtor fails to perform or improperly performs the notarized creditor's rights document with payment as its content and stating that the debtor is willing to accept the commitment of enforcement, the creditor may apply to the people's court with jurisdiction for enforcement according to law. If the creditor's rights documents specified in the preceding paragraph are indeed wrong, the people's court shall rule that they shall not be executed, and serve the ruling on both parties and the notary public. Article 238 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 12) If one party fails to perform the creditor's rights documents that can be enforced by the notary public according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce it. If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.