Originally, other rights (such as mortgage) should be recorded in the property certificate (original property certificate), but it does not rule out that the property certificate produced by the buyer is the property certificate before the registration of other rights, and there may be cases where the mortgage is reissued and a new property certificate is used. In order to ensure foolproof, it is recommended to go to the real estate registration center for on-site inquiry.
According to Article 180 of the Property Law, the following properties that the debtor or a third party has the right to dispose of can be mortgaged:
(a) buildings and other land attachments;
(2) The right to use construction land;
(3) The contracted management right of wasteland and other land obtained through bidding, auction and public consultation;
(4) Production equipment, raw materials, semi-finished products and products;
(5) Buildings, ships and aircraft under construction;
(6) means of transportation;
(seven) other property not prohibited by laws and administrative regulations.
The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 187 Where a registration institution mortgages the property specified in Items 1 to 3 of the first paragraph of Article 180 of this Law or the building under construction specified in Item 5, it shall register the mortgage. The mortgage is established at the time of registration.
Therefore, according to the above two provisions, the mortgage of real estate such as buildings must be registered before it can be established. Real estate is real estate, and the establishment of mortgage comes into effect at the time of registration.
According to Article 97 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate, interested parties involved in real estate transactions, inheritance and litigation can inquire about and copy the natural conditions of real estate, the seizure, mortgage, advance notice registration and objection registration of obligees and their real estate. ……
Therefore, the relevant obligee can inquire about the registration of real estate. The specific obligee, the most direct is the owner of real estate.
To sum up, the seller can inquire and display at the real estate registration center with his ID card and real estate license.