Cancellable housing mortgage contract, the parties may apply to the arbitration institution or the people's court for cancellation within one year.
Article 147 of the General Principles of the Civil Law of People's Republic of China (PRC) is based on the validity of a civil juristic act of great misunderstanding. The actor has the right to request a people's court or an arbitration institution to cancel a civil legal act based on a major misunderstanding.
Article 148 If a party commits a civil juristic act against its true meaning by fraudulent means, the defrauded party has the right to request a people's court or an arbitration institution to cancel it.
Article 152 In any of the following circumstances, the right of revocation shall be extinguished:
(1) The party concerned fails to exercise the right of cancellation within one year from the date when he knows or should know the reason for cancellation, or within 90 days from the date when he knows or should know the reason for cancellation;
(2) The party concerned is coerced and fails to exercise the right of cancellation within one year from the date when the coercion is lifted;
(3) After the parties know the reasons for cancellation, or explicitly give up the cancellation right by their own actions.
If the party concerned fails to exercise the right of cancellation within five years from the date of the civil juristic act, the right of cancellation shall be extinguished.
Second, the housing mortgage loan procedures
1, initiate a loan application. The purpose, amount and duration of the loan proposed by the borrower to the financial institution. If the loan application meets the loan scope of this financial institution, then you need to prepare the corresponding information.
2. Prepare loan information (different materials will be provided according to different banks). Generally speaking, if it is a personal mortgage loan, you need to provide your own and your spouse's ID card, household registration book, income certificate, corresponding personal consumption contract, marital status certificate and house ownership certificate. If the enterprise needs to mortgage the real estate, the materials to be provided include: three certificates, account opening permit, articles of association, enterprise capital verification report, purchase and sale contract, running water of the last six months, financial statements of the previous year, financial statements of the last six months, and proof of assets.
This is a very important link in the process of real estate mortgage loan, because many customers are in urgent need of money when lending. If these materials can be prepared in advance, it will save a lot of trouble.
3. look at the house. After submitting the above materials, the bank shall conduct on-the-spot investigation and evaluation of the mortgaged property according to the submitted materials. Each link is an important link in the process of real estate mortgage loan, which directly determines the amount of your mortgage loan. Generally speaking, there will be some discrepancy between this assessment and the market price, because the assessment agency will consider multiple factors.
4. Apply for a loan. Submit all loan review materials and evaluation reports or investigation opinions to the bank for approval. At this time, the loan customer must pay attention to preparing all the information. If anything is omitted, it will affect the loan progress.
5. Notarization of loan contract. The borrower-level mortgagor fills in the loan contract and all relevant documents, signs them, and notarizes them by the notary.
6. Mortgage registration procedures. The bank shall go through the mortgage registration formalities in Chaquan with the house ownership certificate and notarized loan contract.
7. Bank loans. Due to the different regulations of banks, loans will be made to the accounts of cooperative merchants in the form of cash, punch card or remittance.
8. Repay on schedule. This is an important link to establish a good credit. If the loan is repaid in full and on time, it will play a positive role in promoting the borrower to borrow again and find a job in the future.
9. After the loan is settled, handle the account cancellation procedures. Note that after the loan is settled, go to the real estate bureau to cancel the mortgage of the property, so as to avoid unnecessary trouble in the future.
3. Is there a time limit for exercising the mortgage of real estate?
According to the provisions of the Civil Code, if housing mortgages has a time limit, housing mortgages shall exercise it during the limitation of action of the principal creditor's rights. If it is not exercised after the limitation period, the mortgage right will also become invalid after the principal creditor's right becomes invalid.
Article 393rd of the Civil Code of People's Republic of China (PRC) * * * shall be extinguished in any of the following circumstances:
(1) The principal creditor's rights are extinguished.
(2) the realization of security interests;
(3) The creditor waives the security interest.
(4) Other circumstances in which the security interest is extinguished as stipulated by law.
Article 419 During the mortgage period, the mortgagee shall exercise the mortgage right during the limitation of action for the principal creditor's rights. If it does not exercise, the people's court will not protect it.
The above is how to cancel the registration of real estate mortgage for everyone, I hope it will help you. When a signed mortgage contract can be revoked, the parties may apply to an arbitration institution or a people's court for cancellation of the contract. After the mortgage contract is revoked, it no longer has legal effect, and the specific terms are as above.