Handling mortgage loans requires valid identity documents, proof of ownership of collateral (such as real estate registration certificate), master contract and mortgage contract. When real estate is mortgaged, the collateral shall also be registered, and the mortgage contract shall take effect from the date of registration.
Guarantee law
Article 38 A mortgagor and a mortgagee shall conclude a mortgage contract in writing.
Article 39 A mortgage contract shall include the following contents:
(1) The type and amount of the secured principal creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) Name, quantity, quality, condition, location, ownership or right to use the mortgaged property;
(4) The scope of mortgage guarantee;
(five) other matters that the parties think need to be agreed.
If the mortgage contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.
Article 41 Where a party mortgages the property specified in Article 42 of this Law, it shall register the mortgaged property, and the mortgage contract shall take effect from the date of registration.
Forty-second departments for mortgage registration are as follows:
(two) departments designated by the local people's governments at or above the county level with urban real estate or buildings such as factory buildings of township (town) and village enterprises as collateral;
Forty-fourth for the registration of collateral, the following documents or their copies shall be provided to the registration department:
(a) the main contract and mortgage contract;
(2) Proof of ownership or right to use the mortgaged property.