1. ID card, household registration book and real estate license. 2. 3-5% of the appraisal value, the mortgage fee shall be charged according to the number of households. It can be directly handed over to the appraisal company and the real estate supervision department for notarization, but the parties cannot go to the scene to handle it.
Second, what materials are needed for the notarization of housing mortgage loans?
The process of handling entrusted notarization and mortgage loan in the bank is as follows:
1. The trustor and the trustee go to the notary office for entrusted notarization;
2. Client information: ID card, household registration book, marriage certificate, income certificate, bank account, property right certificate, land certificate, house transfer information (information of married couples);
3. Trustee information: ID card;
4. After explaining the entrusted matters to the notary office and handling the notarial certificate, the trustee can handle the house mortgage loan separately;
3. What procedures and certificates do you need to bring for real estate notarization?
Step 1: The parties prepare the materials.
You should bring the following information:
1, personal identification, such as ID card, household registration book, etc.
2. Proof of property ownership related to the agreed content, such as real estate license, house purchase contract without title certificate, payment invoice, etc.
The two sides have drafted an agreement.
Key Tip: The signatures of both parties and the contract date in the agreement are generally required to be blank. After examining and amending the agreement, the notary may sign in front of the notary.
Step two:
Fill in the relevant forms in person at the notary office. After preparing the above materials, both parties must go to the notary office for notarization in person and fill out the Notarization Application Form.
Key Tip: Entrusting others to act as agents or personally notarizing premarital property will not be accepted.
Step 3:
The notary checks the relevant information. After the notarization application is accepted by the reception notary, the notary will check the contents of the property agreement, prove the property rights, and inquire whether the contracting of the parties has been deceived or misled. After the parties cooperate with the notary to complete the notarization conversation, they shall sign the record for confirmation.
Step 4:
After the notary checks the information, both parties sign the prenuptial property agreement in front of the notary. Key Tip: At this point, the property notarization procedures have been completed. Notarial fee:
1. If it proves that the shares, houses are transferred, bought and sold, and the land use right is transferred with compensation, it will be charged at three thousandths of the face value of the shares or the house price, but the minimum shall not be less than 10 yuan;
2. The total expenses for proving the inheritance and gift of the property to the donee:
If (1) is less than 1 ten thousand yuan, it will be charged as 1%, but the minimum charge is 1 yuan;
(2) If it exceeds 6,543,800 yuan, it will be charged at 2%.
Extended data:
Real estate notarization refers to the activities of notary organs to prove the authenticity and legality of legal acts, facts and documents related to real estate according to the application of the parties. Although real estate notarization is not a necessary part of real estate transaction, after the examination of the notary office, the parties can avoid many risks, and the notarized purchase contract or agreement can be directly applied for execution.
main content
The contents of real estate notarization are very extensive, mainly including: notarization of real estate sales contract, real estate lease contract, real estate mortgage contract, pre-sale contract of commercial housing, notarization of real estate inheritance, notarization of real estate gift, notarization of real estate infringement agreement, notarization of housing (compensation and resettlement) agreement, notarization of property rights confirmation, notarization of preservation evidence involving housing, notarization of real estate affairs involving foreign affairs, Hong Kong, Macao and Taiwan.
Property belongs to property. According to the Provisional Regulations on Notarization and the Rules of Notarization Procedure (Trial), the notarization of real estate should generally be under the jurisdiction of the notary office where the real estate is located. The notarization of foreign-related and Hong Kong, Macao and Taiwan real estate shall be under the jurisdiction of the notary office approved by the Ministry of Justice to handle foreign-related notarization business; Real estate involving Hong Kong, Macao and Taiwan shall be identified by the notary office designated by the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government.
The Joint Notice on Strengthening the Notarization of Real Estate Registration Management is an important legal document jointly issued by the Ministry of Justice and the Ministry of Construction on1991August 3 1. The notice stipulates:
1, inheritance, gift of real estate, the parties should first go through the notarization of inheritance and gift, and then go through the registration formalities of property ownership transfer at the real estate management department with the notarial certificate and related deeds;
2. The testator's will to dispose of real estate shall be notarized.
3, foreign-related and Hong Kong, Macao and Taiwan-related real estate ownership transfer behavior, must be notarized, and then to the real estate management department for real estate registration and other administrative procedures;
4. Local real estate management organs and judicial notarization organs may, according to local actual conditions, formulate provisions that other real estate matters in the region must be notarized;
5. Notarization and real estate registration procedures.
In addition to the Joint Notice on Strengthening the Notarization of Real Estate Registration Management, the state and local governments have stipulated in a series of laws, regulations and rules, such as "Several Provisions on the Administration of Private Houses for Foreigners" in the State Council, that the documents related to the registration, transfer or change of registration procedures of housing rights must be notarized.
The State Council's "Regulations on Urban Housing Management" stipulates that the housing compensation and resettlement agreement must have a certificate of employment. If the mortgagor and the mortgagee cannot reach an agreement on the escrow house, the house with property rights or the house with a new mortgage agreement within the prescribed time limit, the notary office shall handle the evidence preservation.
The Ministry of Construction's Interim Measures for the Registration of Urban Housing Ownership stipulates that if others are entrusted to handle the registration of housing ownership, the power of attorney shall be notarized by a notary office. Specialized banks stipulate that mortgage loan contracts or mortgage guarantee documents involving house mortgage should be notarized by notary organs.
Many local laws and regulations also stipulate that the inheritance, donation, production analysis, sale, transfer, mortgage and lease of private houses, and the pre-sale, sale, mortgage, transfer, inheritance, donation and exchange of commercial houses and employee houses in the housing system reform must be notarized.
function
Incorporating notarization into the system of real estate management activities will make notarization a necessary procedure for real estate transactions, which will promote and guarantee the healthy development of the real estate market and the protection of the legitimate rights and interests of traders.
(1) Notarization can guarantee the authenticity of real estate transactions.
The authenticity of a civil act includes two meanings: first, the actor did carry out the act; Second, the actor's behavior is the expression of his true meaning. In real estate transactions, there is basically no problem for traders to conduct transactions in person, and even if there is a problem, it is easy to be found and corrected; The problem is that the trader's behavior is based on his misunderstanding of the transaction.
China's General Principles of Civil Law and Contract Law stipulate that a contract signed by the parties due to a major misunderstanding or a contract signed under the condition of misunderstanding due to fraud is not a true expression of will and belongs to a revocable civil act.
Accordingly, in real estate transactions, the buyer signed the pre-sale contract of commercial housing based on the untrue propaganda of the real estate agent, and the transferee signed the house transfer contract because he was unaware of the defects of the house, which is not true.
However, this situation exists in a large number of real estate transactions at present, just because most parties are unfamiliar with the law and mistakenly think that they have signed and sealed the contract, so they cannot change the fait accompli. Therefore, there are not many cases that require cancellation of the transaction. With the further popularization of social legal knowledge and the further expansion of lawyers' business, lawsuits in this area will definitely increase greatly.
However, if the real estate transaction is notarized, such problems can be effectively avoided through the strict and meticulous inquiry, notification, examination procedures and evidence preservation measures of the notary office, so that traders can exchange relevant information honestly and in detail, express their opinions comprehensively and concretely, and ensure the authenticity of the expression of will.
(2) Notarization can guarantee the legality of real estate transactions.
There are many laws involved in real estate transactions, and besides special real estate laws, regulations and rules, there are also general principles of civil law, contract law, guarantee law, inheritance law, marriage law and company law in China. To ensure that the real estate transaction is legal, the most difficult thing is to ensure that the transaction does not conflict with any legal provisions.
Most traders can't have such a high legal level. Taking notarization as a necessary procedure for real estate transactions, allowing professional legal persons who have the ability to fully grasp and correctly understand relevant laws and regulations to examine the transaction behavior can ensure the legitimacy of the transaction behavior.