1. Where is the mortgage registration procedure?
Real estate mortgage registration shall be handled by the local real estate management department. You need to bring relevant information, such as mortgage registration form, house ownership certificate, mortgage contract, loan contract, ID card, evaluation report, etc. At the same time, mortgage registration needs to be reviewed, and it is not necessary to submit an application on the same day, and get the results on the same day.
(1) The Urban Real Estate Management Law stipulates the legal procedures for real estate transfer or change, that is, first apply for real estate change registration, and then apply for land use right change registration with the changed house ownership certificate.
(2) The Urban Real Estate Management Law stipulates that a written mortgage contract shall be signed for real estate mortgage and mortgage registration shall be handled. According to the Civil Code, mortgage is established at the time of registration. If the real estate mortgage is not registered, the mortgage right will not take effect.
(3) As mortgage is another right set in the subordinate property right-security property right, that is, restricted property right, its main function is to restrict the mortgagor's right to dispose of mortgaged real estate. Without the consent of the mortgagee, the collateral may not be transferred or leased to avoid the suspension of the guarantee, so the registration authority can only appoint from the real estate transaction ownership registration authority and cannot entrust other departments.
(4) Mortgaged property does not enjoy the priority of compensation. In view of the great differences in land and real estate management systems and diverse management modes in different parts of China, if the law stipulates that buildings such as urban real estate or factories of township (town) and village enterprises are mortgaged, the registration authority shall be stipulated by the people's government at or above the county level.
China implements an effective mortgage registration system, that is, only mortgage registration in the real estate registration department is effective. However, China's real estate sector only handles mortgage registration in banks or non-bank financial institutions, and individuals and enterprises will not accept loan funds. Therefore, even if the real estate license is placed with you, the mortgage is invalid. Insurance is to transfer the money to your name and return it.
Second, the real estate mortgage registration fee
The mortgage registration fee charged by the Housing Authority is fixed, and each house is 80 yuan. Non-residential every piece of 550 yuan.
The mortgage registration fees charged by banks are different. The mortgage registration fee charged by the bank is partly paid to the Housing Authority and partly the bank agency fee. In the latter case, the charging standards of banks are different. For example, in Hubei, CCB charges 200 yuan/mortgage registration fee per household, while ICBC charges it according to the registered house price standard, while 300 yuan charges less than 1 10,000.
Regarding the mortgage registration fee charged by the bank, the bank's charging standard will be reported to the Banking Regulatory Bureau for approval, and then the bank will publicize it in the charging standard. Banks may charge different fees, but as long as they are approved by the banking regulatory bureau, banks have the right to charge. However, if the bank does not publicize it, this agency fee may not be paid.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Measures for the Registration of Chattel Mortgage in People's Republic of China (PRC).
Article 2 Enterprises, individual industrial and commercial households and agricultural producers and operators stipulated in Item 4 of Paragraph 1 of Article 180 and Article 181 of the Property Law of People's Republic of China (PRC) shall register with the market supervision and administration department at the county level where the mortgagor resides (hereinafter referred to as the registration authority). The mortgage right is established when the mortgage contract takes effect; Without registration, you may not be able to fight well-intentioned third parties.
Article 3 The establishment, alteration and cancellation of chattel mortgage registration may be handled by one party to the mortgage contract as the representative of the registration authority, or by agents entrusted by both parties to the mortgage contract. The parties shall ensure that the contents of the materials submitted by them are true and accurate.