Legal analysis: 1. After paying off the loan, you need to go to the bank to get the loan settlement certificate, and then get back the Application Form for Cancellation of Real Estate Mortgage and other property rights certificates. 2. The lender shall go through the mortgage cancellation procedures at the original mortgage registration department with valid ID card, certificate of other rights, real estate license, repayment certificate and other materials. 3. The staff will review the information. After the review is passed, the mortgage will be released on the spot and the property right certificate can be retrieved. Real estate mortgage means that the property owner takes the deed of house as the mortgage and obtains the loan to pay interest on schedule. The property right of the house is still managed by the property owner himself, and the creditor only takes interest on schedule and has no right to manage the house. After the loan is paid off, the property owner will terminate the mortgage of the deed. When the debtor fails to perform the debt, the creditor has the right to dispose of the mortgaged house according to law, and has the right to receive priority compensation for the proceeds from the disposal of the mortgaged house. The party who provides the mortgaged house is called the mortgagor, and the original creditor who accepts the mortgaged house is called the mortgagor. The mortgagor of a house must have full capacity for civil conduct, and a person without capacity for civil conduct or with limited capacity for civil conduct may not set up a house mortgage.

Legal basis: Article 394 of the Civil Law of People's Republic of China (PRC) 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, the debtor fails to perform the due debt or the creditor has the right to receive priority compensation 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.

What are the procedures for the release of real estate?

Procedures for release from custody:

1. After paying off the house purchase loan, the borrower first needs to obtain the sealed loan settlement certificate from the loan bank, and then issue the Notice of Release of House Mortgage to the management center. The sub-center will issue the Notice of Release of House Mortgage in triplicate, one for the center and two for the borrower.

2. Then get the real estate license. Need to go to the bank loan center to get the "Property Ownership Certificate" and the "Notice of Cancellation of Charge";

3. Finally, the borrower can go to the Housing Authority to cancel the mortgage with all the information.

First, how long can the mortgage be released after the house has repaid the loan?

The mortgage can be cancelled within one to two weeks after the house pays off the loan. After the house has paid off the loan, it will take some time to cancel the mortgage, and the lender needs to go through the relevant formalities at the bank and the municipal property rights exchange center with relevant certificates. The process is troublesome, but every link is handled quickly.

2. After the mortgage is paid off, can I not go?

1. After paying off the mortgage, if the customer has no time, he can entrust others to handle it without doing it himself.

2. The customer only needs to find his relatives and friends to issue a power of attorney at the notary office, and then give his ID card, real estate license, other warrants and loan settlement certificate to the other party, and then let the other party take the materials and my ID card to the local housing authority to understand the mortgage procedures.

3. Customers can also wait until they have time, and then learn about the mortgage in person. After all, there is generally no time limit for canceling the mortgage (but it is best to cancel the mortgage registration as soon as possible after paying off the mortgage, so as to avoid losing some information for too long and affecting the procedures for canceling the mortgage).

3. Can the mortgaged house be directly transferred without releasing the mortgage?

Buying a house is generally a loan from a bank, and the bank will ask for a mortgage on the property. In other words, when you pay off the bank's money, the bank can cancel the mortgage, and the property can also be listed for sale. After the implementation of the Civil Code, the mortgagor may transfer the mortgaged property during the mortgage period. Unless otherwise agreed by the parties, if the mortgaged property is transferred, the mortgage right will not be affected.

Fourth, what should I pay attention to when decompressing real estate?

1, property decompression is generally handled by the Housing Authority. You need to prepare the certificate issued by the bank to pay off the loan and relevant materials, and then go to the trading hall to handle it. Note that there is no need to spend any money here.

2. If the owner who has mortgaged the loan has obtained the real estate license, he must also go through the mortgage cancellation formalities with the real estate license to the Housing Authority. As for the provident fund loan, he must go to the provident fund center to get the loan repayment certificate after the loan is over, and finally go to the trading hall to cancel the mortgage.

3. If the borrower wants to repay the loan in advance, he can refund a small amount of insurance money to the insurance company first, and generally pay the insurance premium according to the loan year when handling the loan again. If the loan is repaid in advance, like a loan for 20 years, it will be paid off in only 5 years, then the insurance premium for the next 15 years will be paid off.

Legal basis: Article 557 of the Civil Code of People's Republic of China (PRC)? Creditor's rights and debts shall be terminated under any of the following circumstances:

(a) The debt has been fulfilled.

(2) The debts offset each other;

(3) The debtor deposits the subject matter according to law.

(4) Creditors are exempted from debts;

(5) Creditor's rights and debts are owned by one person;

(six) other circumstances stipulated by law or agreed by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated accordingly.

What are the procedures for releasing a house?

I believe that everyone will not be unfamiliar with mortgage loans. Everyone knows that there are still a lot of materials to be prepared before going through this procedure. If you don't know clearly in advance, it will affect your processing time. The following small series will introduce you to what procedures are needed to put the house.

What are the procedures for releasing a house?

1, preparation materials: original and photocopy of real estate license, as well as ID card, marriage certificate, income certificate, social security details and other materials;

2. Make an appointment with the bank in advance and sign a mortgage loan contract at the bank (bring the identity cards of the property owner and husband and wife to the bank);

After the mortgage is approved, you need to register the mortgage in the housing exchange.

4. Take out the property right certificate with mortgage registration in the housing exchange, and then send it back to the bank. At this point, it is waiting for the loan;

Generally speaking, the mortgage loan is about one month.

What should I pay attention to when decompressing the house?

1. Find a regular company loan: If you don't choose the down payment to understand the mortgage, you can only decompress the mortgage from the loan or find a guarantee company loan at this time. You can choose one of the ways, and you must choose a regular company, otherwise it will be a trivial matter to be overcharged, and the trouble will be big.

2. Obtain the consent of the bank: According to the Guarantee Law and the Regulations on the Administration of Real Estate Mortgage, the mortgaged real estate can only be transferred or leased with the consent of the mortgagee. Therefore, before you transfer the mortgaged property, you must first obtain the consent of the bank, otherwise you can't buy or sell it. Sign the contract carefully and understand the contents of the contract.

3. The mortgage cancellation also requires the Housing Authority to handle the mortgage cancellation procedures of other rights of the real estate license and get the real estate license back. After the mortgage loan is paid off, the bank will go to the trading hall at this time to open the loan settlement certificate and the certificate of other rights of real estate to cancel the mortgage, without paying the fee.

Summary: there are so many procedures for releasing a house. Be sure to prepare the relevant procedures before handling. If you want to know more, you can pay attention to our family. Com for consultation.