In Shenzhen, financial institutions should strengthen their responsibility, take the initiative, increase financial support for the development of the real estate market, implement a package of policies and measures to support the real estate market, further strengthen the relay between banks and enterprises, actively issue loans for building delivery guarantees, do a good job in debt financing services for high-quality private real estate enterprises, continuously increase the supply of real estate credit, properly postpone loans, increase financial support for housing leasing, provide diversified financing services for real estate enterprises, and take various measures to promote the stable and healthy development of the real estate market.
The meeting requested that relevant departments should quickly sort out two lists of problems between banks and enterprises, focus on solving difficult problems, strengthen the docking of government, banks and enterprises, actively exert the joint efforts of "several companies", speed up the implementation of policies, and promote the stable and healthy development of the real estate market.
Real estate mortgage refers to the behavior that the mortgagor provides the mortgagee with the debt performance guarantee with his legal real estate without transferring possession.
When the debtor fails to perform his debts, the mortgagee has the right to be paid in priority with the proceeds from auction of mortgaged real estate according to law. Real estate mortgage shall be handled with land use right certificate and house ownership certificate.
The land use right for real estate mortgage is obtained by allocation. After the real estate is auctioned according to law, the mortgagee can get priority compensation only after paying the amount equivalent to the payable land use right transfer fee from the auction proceeds.
legal ground
"People's Republic of China (PRC) City Real Estate Management Law" Article 40 Where the land use right is obtained by means of allocation, the transfer of real estate shall be reported to the people's government with approval authority for examination and approval in accordance with the provisions of the State Council.
If the land use right is obtained by allocation, and the people's government with the right of approval decides not to go through the formalities of land use right transfer when the real estate transfer is examined and approved, the transferor shall turn over the land proceeds from the real estate transfer to the state or make other treatments in accordance with the provisions of the State Council.
Forty-first real estate transfer, a written transfer contract shall be signed, and the contract shall specify the way to obtain the land use right.
Article 42 When the real estate is transferred, the rights and obligations stipulated in the land use right transfer contract shall be transferred accordingly.
Article 43 If the land use right is obtained by means of transfer, after the transfer of real estate, the service life of the land use right shall be the remaining service life after deducting the service life agreed in the original land use right transfer contract from the service life of the original land user.
Article 44 Where the land use right is obtained by means of transfer, and the transferee changes the land use agreed in the original land use right transfer contract after the transfer of real estate, it must obtain the consent of the original transferor and the competent department of urban planning administration of the people's government of the city or county, sign an agreement on the change of the land use right transfer contract or re-sign the land use right transfer contract, and adjust the land use right transfer fee accordingly.
Article 52 After the signing of the real estate mortgage contract, the newly-built houses on the land do not belong to the mortgaged property.
When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no right to be compensated in priority for the income from the auction of the new houses.
Fifty-seventh real estate intermediary service agencies include real estate consulting agencies, real estate price assessment agencies, real estate brokerage agencies and so on.
Article 58 A real estate intermediary service institution shall meet the following conditions:
The establishment of a real estate intermediary service institution shall apply to the administrative department for industry and commerce for registration of establishment and obtain a business license before it can start business.
Article 59 The State practices the qualification certification system for real estate appraisers.
Chapter V Registration Management of Real Estate Ownership
If a house is built on the land for real estate development obtained according to law, it shall apply for registration with the real estate management department of the local people's government at or above the county level with the land use right certificate, and the real estate management department of the local people's government at or above the county level shall verify and issue the house ownership certificate.
When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.
Article 62 When a real estate is mortgaged, it shall be registered with the department specified by the local people's government at or above the county level.
Where the land use right and house ownership are obtained due to the disposal of mortgaged real estate, the transfer registration shall be handled in accordance with the provisions of this chapter.
Article 63 If the people's governments of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people's governments at or above the county level are in charge of real estate management and land management, they may make and issue unified certificates of immovable property rights, and in accordance with the provisions of Article 61 of this Law, the confirmation and change of house ownership and land use rights within the scope of house occupation shall be recorded in the certificates of immovable property rights respectively.
Article 64 Whoever, in violation of the provisions of Articles 11 and 12 of this Law, approves the assignment or transfer of the right to use land for real estate development without authorization shall be given administrative sanctions by the higher authorities or the unit to which he belongs.
Article 65 Whoever, in violation of the provisions of Article 30 of this Law, engages in real estate development and business activities without obtaining a business license shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop real estate development and business activities, and his illegal income shall be confiscated and he may also be fined.
Article 67 Whoever transfers real estate in violation of the provisions of the first paragraph of Article 40 of this Law shall be ordered by the land administration department of the people's government at or above the county level to pay the transfer fee for the right to use the land, confiscate the illegal income and may also be fined.
Article 69 Anyone who, in violation of the provisions of Article 58 of this Law, engages in real estate intermediary services without obtaining a business license shall be ordered by the administrative department for industry and commerce of the people's government at or above the county level to stop real estate intermediary services, his illegal income shall be confiscated and he may also be fined.
Article 70 If a real estate development enterprise has no legal or regulatory basis for charging fees, the higher authorities shall order it to return the money collected; If the circumstances are serious, the person directly responsible shall be given administrative sanctions by the superior competent department or the unit to which he belongs.
Article 72 Obtaining the land use right of real estate development land, engaging in real estate development and trading activities and implementing real estate management on state-owned land outside urban planning areas shall be implemented with reference to this Law.