On April 2 1, the People's Court of Changping District, Beijing held a news briefing on "Typical Cases of Administrative Cases Related to Housing Registration" to inform the court about the trials of administrative cases related to housing registration in recent five years and release relevant typical cases. I suggest that when you buy a house, don't think that everything will be fine when you apply for online signing. Online signing does not have the nature of real right change, and does not directly produce the effect of establishing or changing real estate rights. It is suggested that property buyers transfer their ownership in time after applying for online signing, especially if there is mortgage registration on the house, and urge the seller to cancel the mortgage, stipulate a clear liability for breach of contract, and avoid empty money and vacant rooms.
Online signing does not have the nature of real right change.
Delaying the transfer is risky.
Mr. Jing and his wife signed a house sales contract with Li, agreeing that Li would sell his house to Mr. Jing and his wife. The two sides signed an online contract for the sale of existing homes, and Mr. and Mrs. Jing then moved into the house. Because the house has been mortgaged to the bank before, it has been impossible to handle the transfer.
Unexpectedly, after the contract was signed, Li cancelled the mortgage under the name of the Bank, signed a mortgage loan contract with the third party Ma, mortgaged the house to Ma, and went through the mortgage registration procedures. When Mr. and Mrs. Jing learned about it, they thought that they had applied for online signing and actually stayed in the house. Real estate registration agencies should no longer handle mortgage registration for others, so they sued the real estate registration agencies to the court and demanded that the mortgage registration of horses be revoked.
After the trial, the court held that the real estate registration agency reviewed the applicant's various materials in accordance with relevant regulations, and it was in compliance with the law to apply for mortgage registration for Li and his creditor Ma. The online signing of the stock house sales contract does not have the effect of ensuring the realization of future property rights, nor can it have the effect of opposing mortgage registration. Accordingly, the court ruled that the claims of Mr. Jing and Ms. Jing were rejected.
It is understood that the online signing and filing of housing transaction contracts, commonly known as online signing, is a necessary procedure after the signing of housing sales contracts and a platform for online signing and filing of commercial housing established by government departments. "However, it must be noted that online signing does not have the nature of property right change." Lu Nai, a judge of the administrative court of Changping Court, said that the house can only become the owner of the house after the ownership transfer registration, and the buyer should go through the transfer formalities in time after handling the online signing.
According to reports, in the past five years, the administrative cases of housing registration handled by Changping Court accounted for 8 1% of real estate registration cases. This kind of cases mainly presents five characteristics: 80% of the cases are dissatisfied with the registration and transfer of houses, the interest structure is complex, the phenomenon of "idle procedure" in litigation is prominent, the situation of people crossing the line is more common, and the administrative organ has no responsibility to lose the case.
Yu Shuang 'e, president of the administrative court of Changping Court, said that in such cases, the phenomena of "no prosecution" and "arbitrary prosecution" still exist. The weak awareness of rights protection of the parties and the limited means of examination by the registration authority are also important reasons for such disputes.
Forged documents are invalid for registration.
If the circumstances are serious, or bear criminal responsibility.
Changping Court found through combing relevant cases that in daily life, there are still cases where people go through the registration of house transfer under false names or forge materials, resulting in damage to the legitimate interests of house owners.
In a case tried by Changping Court, Xiao Zhang, the grandson of Wang Laohan, applied to the real estate registration agency to transfer Wang Laohan's house to his own name by forging a notarial certificate, and then Xiao Zhang transferred the house to Chen Mou's name. After Wang Laohan discovered it, he appealed to the court.
After the trial, the court held that because the notarial certificate was forged, the factual basis for the transfer of registration no longer existed, and the registration should be revoked. In view of the subsequent changes in the ownership of the house, the registration cannot be revoked, so the court ruled that Wang Laohan's act of transferring the ownership of the house to Xiao Zhang was illegal.
The judge said that Wang Laohan should transfer the house to Chen Mou's name and file a civil lawsuit later, and take his grandson and outsider Chen Mou as the co-defendant to confirm the validity of the sales contract. If the contract is confirmed to be invalid, Wang Laohan can file an administrative lawsuit again, requesting to cancel the transfer registration.
Yu Shuang 'e reminded that citizens should abide by laws and regulations, enhance their awareness of the protection of personal property and important documents, and do not easily hand over important documents such as ID cards and real estate licenses to others. Forging notarial certificates or official documents of state organs can neither produce the legal consequences of the transfer of housing ownership, but also bear criminal responsibility if the circumstances are serious.
In practice, some house owners did not properly keep the house ownership certificate and identity documents, which led others to provide real materials or forged materials to handle the house transfer registration without authorization. In view of the limited means of examination of the application materials by the registration authority, it is difficult to judge the authenticity of the materials submitted by the applicant, which leads to the damage of the legitimate interests of the housing rights holders and disputes.
In this regard, Changping Court suggested strengthening the application of information technology in housing registration, requiring real estate registration agencies and relevant departments to establish a unified basic platform for real estate registration information management, and strive to realize information exchange and sharing between real estate registration agencies and public security, civil affairs, taxation, industry and commerce departments. Strengthen the examination of false identity documents, marriage certificates, tax stamps and notarial certificates through information technology, such as using witness identification technology to effectively identify "dummy" or "false certificate" applying for housing registration.
There are many subjects involved in housing registration.
Husband and wife have real estate registration. Be careful.
In cases involving housing registration disputes, disputes between husband and wife due to registration reasons are also more common. When many couples register to buy a house, for the sake of convenience, they often register their shared property as one party separately. In this regard, the judge pointed out that the registration of real estate rights follows the principle of publicity and public trust. If one spouse sells the house jointly owned by the husband and wife without the consent of the other spouse, the third person purchases it in good faith, pays a reasonable consideration and goes through the formalities of property right registration, and the other party claims compensation, the court will not support it.
Ms. He and Mr. Tian bought a house after marriage, and the registered owner was Mr. Tian. In 20 14, Mr. Tian borrowed RMB 6.5438+0.3 million from outsiders, and used the house in his name as the mortgage guarantee for the loan. Later, because Mr. Tian failed to repay the loan on schedule, Gu filed a civil lawsuit and sued Mr. Tian and Ms. He to the court on the grounds of private lending disputes. Ms. He said that it was only in the lawsuit that she learned that Mr. Tian had mortgaged the house to others without authorization. So Ms. He filed an administrative lawsuit in another case, asking the real estate registration agency to cancel the mortgage registration.
After the trial, the court held that the real estate registration agency had reviewed the materials submitted by the two men and asked about Mr. Tian's marital status, and had fulfilled its reasonable and prudent obligations. Therefore, other warrants of the house involved should not be revoked, and the court ruled that Ms. He's claim was rejected.
Reportedly, housing registration involves many stakeholders, including the owners of houses, mortgagees and other subjects recorded in property certificates, as well as the actual buyers, creditors, heirs, spouses and other interested parties. In addition, the housing situation may be more complicated, both for individuals and for * * * and * * *.
Li Li, vice president of the administrative court of Changping Court, suggested that in order to avoid unnecessary troubles in the future, it is best for both husband and wife to register the house as joint ownership at the time of initial registration. If a husband and wife have real estate registered in one party's name, the other party can also go to the real estate registration agency to add a name, so it is necessary to carefully consider whether to register only in one party's name. If the marriage relationship changes in the future, the actual owner of the house shall handle the transfer of the house or the certificate of ownership and other rights certificates in time.