The main contents of the real estate mortgage contract include:
1. Basic identity information of mortgagor and mortgagee;
2. Introduce the mortgaged property;
3. Guarantees;
4. Disposal of mortgaged property;
5. Cancellation of mortgage;
6. Other agreed matters;
7. Dispute settlement;
8. Effective ways of agreement.
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Model text of real estate mortgage contract
Mortgagee (Party A) _ _ _ _ _ _ _ _ _ _ _
Mortgagor (Party B) _ _ _ _ _ _ _ _ _ _ _
Article 1 In order to ensure the performance of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 The guarantee scope of this mortgage contract includes the loan principal and interest under the loan contract (including compound interest and increased interest due to the borrower's default or overdue repayment), the liquidated damages and compensation payable by the borrower, and the expenses for realizing the loan creditor's rights and mortgage rights (including legal fees and legal fees).
Article 3 The validity of this contract is independent of the secured loan contract, and the invalidity of the secured loan contract does not affect the validity of this mortgage contract.
Article 4 All expenses related to evaluation, insurance, appraisal, registration and storage under this contract shall be borne by Party B. ..
Article 5 Party B irrevocably authorizes Party A to sign this contract, loan contract, house purchase contract and a complete set of supporting documents related to mortgaged real estate after the signing of this contract, and go through the mortgage registration and filing formalities with the relevant real estate management departments.
Article 6 Party B irrevocably authorizes Party A to go through the formalities of formal mortgage registration of the mortgaged property with the relevant real estate management department in accordance with the provisions of relevant laws and regulations after obtaining the formal property right certificate of the mortgaged property, and deposit the certificate of other rights and mortgage registration certificate of the mortgaged property with Party A.. ..
Article 7 Party B shall ensure the reasonable use of the collateral, and shall not use the collateral in any way or use prohibited or excluded by the insurance clauses.
Article 8 Without the consent of Party A, Party B shall not make any substantial structural changes to the collateral. Where the collateral is increased due to Party B's violation of the Contract, it will be automatically converted into the collateral of the Contract.
Article 9 During the mortgage period, without the consent of Party A, Party B shall not transfer, lease, sell, re-mortgage, pay off debts, donate or dispose of the mortgaged property in any form. Any losses caused to Party A from this shall be borne by Party B. ..
Article 10 Party B shall take good care of the collateral, be responsible for repairing, maintaining and ensuring its integrity, and accept the supervision and inspection of Party A at any time. Any damage to the collateral shall be borne by Party B. ..
Article 11 Party B is responsible for paying all taxes and fees related to collateral. All losses caused to Party A due to Party B's failure to fulfill this obligation shall be compensated by Party B. ..
Collateral insurance
Article 12 Party B shall, within _ _ _ _ _ days after obtaining the mortgaged property, go to the insurance company designated by Party A to insure the mortgaged property according to the types of insurance designated by Party A. The compensation scope of insurance shall include the damage and damage caused by any natural disaster, such as fire, flood, earthquake and other accidents; The insured amount shall not be less than the total repurchase amount of the collateral; The insurance period is until the expiration date of the loan contract. If Party B fails to fulfill the due repayment obligations, the mortgagor shall continue to purchase insurance until the loan principal and interest under the loan contract are fully paid off.
Article 13 Party B shall submit the original insurance policy to Party A for safekeeping within 10 days after completing the insurance formalities. The first beneficiary of the insurance policy must be Party A, and the insurance policy shall not be accompanied by any restrictive clauses that damage or affect Party A's rights and interests, or any clauses that are not liable for compensation (unless Party A agrees in writing).
Article 14 Party B irrevocably authorizes Party A's representative to accept or control the insurance compensation of the above insurance, and use the insurance money to repair the damaged part of the mortgaged house or pay off the money owed by the borrower to Party A under the main repayment contract. This authorization shall not be revoked unless Party A agrees.
Article 15 During the mortgage period, Party B shall not interrupt or cancel the above insurance for any reason. Otherwise, Party B shall compensate all losses suffered by Party A as a result.
Article 16 If Party B violates the above insurance clauses, Party A may purchase insurance for Party B according to the insurance clauses in this contract, and all expenses shall be paid by Party B. ..
Article 17 During the mortgage period, if the collateral is damaged beyond the scope of insurance liability, Party B shall provide a new guarantee for the damaged part in time and go through the corresponding formalities.
Article 18 In the following circumstances, Party B agrees that Party A has the right to dispose of the collateral in advance:
(a) according to the loan contract, the loan contract expires in advance;
(2) Party B violates Articles 8, 10, 13, 14, 15, 16 and 18 of this Contract;
(3) Any dispute, lawsuit or arbitration may adversely affect the collateral.
Article 19 Party B guarantees that when the borrower fails to perform the terms stipulated in the loan contract, Party A has the right to receive priority compensation for the price of disposing of the collateral according to law.
Article 20 The funds under this mortgage contract shall be disposed in the following order:
(1) is used to pay all expenses incurred in dealing with collateral;
(2) It is used to withhold all taxes owed by Party B and all expenses payable;
(III) Deduct the loan principal and interest and all other payments that Party B should repay to Party A under this Contract.
Article 21 If the price of the mortgaged property exceeds the repayable part, Party A shall return it to Party B. ..
Article 22 Party B, while observing other terms of this contract, also makes the following statements and guarantees:
(1) All information provided to Party A is true and reliable, and there is no forgery or concealment of facts;
(2) Allow Party A or its authorized person to legally enter the mortgaged property for inspection at any reasonable time;
(3) When Party B's work unit and contact information change, it shall notify Party A in writing within ten days;
(IV) During the possession of the mortgaged property, Party B shall abide by the management regulations, pay all the management fees of the mortgaged property on time, and ensure that the mortgaged property is not sealed up or subjected to other legal proceedings. If Party B fails to perform the above responsibilities, it shall compensate Party A for the losses suffered as a result;
(V) In case of any lawsuit or arbitration that may adversely affect the collateral, Party B promises to notify Party A in writing within ten days.
Article 23 If any party violates any clause of this contract and causes economic losses to the other party, it shall pay _ _ _ _% of the loan balance under the loan contract to the other party as liquidated damages. If the liquidated damages are insufficient to make up for the losses of the other party, the breaching party shall also make compensation for the insufficient part.
Article 24 Any dispute arising from the performance of this contract shall be settled by both parties through friendly negotiation. If negotiation fails, Party A and Party B shall jointly choose one of the following methods:
(a) submitted to the people's court where the mortgaged property is located for litigation;
(2) Submitting it to the Arbitration Commission for adjudication.
Article 25 During the unsettled period of the dispute, except for the disputed matters, all parties shall continue to perform other clauses stipulated in this contract.
Article 26 Other terms agreed by both parties:
(a)_ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) _ _ _ _ _ _ _ _ _ _ _ _ _
(3) _ _ _ _ _ _ _ _ _ _ _ _ _
Article 27 After the borrower in the loan contract pays off the loan principal and interest and other expenses agreed in this contract on time, and performs all the clauses and other responsibilities in this contract, this contract is terminated. Party A will assist Party B to handle the mortgage cancellation registration formalities with the real estate management department and return the ownership certificate and receipt of the mortgaged property to Party B. ..
Article 28 This Contract is made in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mortgagee's domicile: _ _ _ _ _ _ _ _ _ _ Mortgagor's domicile: _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ _ basic account Bank: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ Phone number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _
Party A (official seal) _ _ _ _ _ _ _ _ _ _ Party B (official seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Person in charge (signature) _ _ _ _ _ _ _ _ _ _ _ Legal representative (signature) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Registered institution: _ _ _ _ _ _ _ _ _
Mortgage registration number: _ _ _ _ _ _ _ _ _ _ _
Mortgage Registration Date: _ _ _ _ _ _ _ _ _ _ _
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