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How to cancel the mortgage of real estate?
Real estate mortgage refers to the behavior that the mortgagor provides debt performance guarantee to creditors with his legal real estate without transferring possession. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the proceeds from the auction of mortgaged real estate according to law.
Cancellation of real estate mortgage registration refers to the act that both parties of the mortgagor have fulfilled their debts according to the contract and both parties of the mortgagor apply for cancellation of the mortgage relationship.
After the borrower of housing provident fund pays off the principal and interest of the loan, the rights and obligations stipulated in the loan contract are fulfilled, and the borrower can apply for cancellation of the real estate mortgage registration according to the agreement in the policy loan contract of individual housing provident fund. Therefore, the condition for canceling the registration of real estate mortgage is that the borrower has paid off all the loan principal and interest as agreed in the policy loan contract of individual housing provident fund. The local real estate management department handles the cancellation registration of real estate mortgage.
The mortgagor shall submit the following materials when handling the cancellation registration of real estate mortgage:
1. Mortgagor ID card;
2, "housing provident fund loan repayment certificate" and "housing provident fund loan cash payment form";
3. Proof of loan repayment;
4. Property ownership certificates, other property ownership certificates, property ownership certificates, state-owned land use rights certificates and other relevant certificates;
5. Application for cancellation of registration.
Cancel the mortgage registration process of housing provident fund loan: after the borrower pays off the loan principal and interest, the mortgagor holds the borrower's last housing provident fund loan repayment certificate and the housing provident fund loan cash payment form, and requests the loan issuing bank to issue the loan repayment certificate. And obtain the relevant certificates (such as house ownership certificate, other house ownership certificate, house ownership certificate, state-owned land use right certificate, etc.) stored in the loan issuing bank (collected by four counties at the county provident fund management department), and the urban area requires cancellation of registration at the housing provident fund loan acceptance counter on the second floor of the city real estate trading center, and the four counties collect them at the county provident fund management department. Then, the mortgagor goes to the city real estate trading center for cancellation of registration with the application for cancellation of registration and the above-mentioned documents (four counties do it in the county real estate management office), and the real estate management department takes back the real estate ownership certificate, sets the cancellation date in the column of the summary table of other rights of the real estate ownership certificate, and stamps the cancellation of mortgage registration.
Second, how to handle the mortgage cancellation procedures
1. After the loan is paid off, the borrower shall first submit the application for cancellation of mortgage registration of real estate mortgage and the mortgage certificate.
Second, the mortgagor takes himself as an individual), the real estate mortgage contract (one copy), the application for cancellation of registration of mortgaged real estate, the land use certificate and the house ownership certificate, and go through the mortgage cancellation procedures at the mortgage registration acceptance window of the Housing Authority.
Third, the staff of the mortgage registration acceptance window will review the application materials for mortgage cancellation. After the materials are correct, go through the cancellation procedures at the counter. After the cancellation procedures are completed, the cancellation materials such as real estate license and mortgagor shall be kept by the window staff.
3. How to cancel the mortgage?
The process of canceling mortgage registration is: 1. The lender needs to settle the loan: after the lender settles the loan, it needs to bring the loan settlement notice issued by the bank and issue the mortgage cancellation notice to the provident fund center; 2. Obtain other warrants: The borrower holds valid identity documents and obtains other warrants and the Notice of Cancellation of Mortgage at the Housing Provident Fund Center. 3. Go through the formalities of understanding the mortgage: The borrower needs to bring his valid ID card, other rights certificate, real estate license, repayment certificate and other materials to the original mortgage registration department to go through the formalities of understanding the mortgage. 4. Pay attention to get back the real estate license in time after completing the mortgage cancellation procedures. Some homeowners with mortgage loans and those who have obtained real estate licenses also need to bring real estate licenses to the Housing Authority for mortgage cancellation procedures. How long will it take to dissolve the property? It takes about a week for the real estate license to be issued. After the personal loan is paid off, you must go through the formalities of settlement with your ID card, house property certificate and other rights certificates. The bank will issue the repayment certificate and other materials within 1 to 3 working days, and go through the cancellation procedures at the real estate trading center with the settlement procedures. The real estate bureau will complete the issuance of the real estate license in about 3 working days. What are the conditions for the realization of real estate mortgage? The conditions for the realization of real estate mortgage are as follows: (1) The realization of real estate mortgage should first be based on the existence of real estate mortgage; (2) The debtor fails to perform due debts; (3) The unpaid mortgagee is not at fault; (4) The realization of mortgage agreed by the parties occurs. Legal basis: Article 23 of the Measures for Housing Registration: From the date of accepting the application for registration, the housing registration agency shall record the application for registration in the housing register or make a decision not to register: (1) 30 working days for housing ownership registration within state-owned land and 60 working days for housing ownership registration within collective land; (2) Registration of mortgage and easement, 10 working day; (3) Advance notice registration and correction registration, 10 working days; (4) Objection registration, 1 working day. The announcement time shall not be counted within the time limit specified in the preceding paragraph. If it is necessary to extend the registration period for special reasons, it may be extended with the approval of the person in charge of the housing registration agency, but the longest period shall not exceed twice the original period. Where laws and regulations provide otherwise for the registration period, such provisions shall prevail.
4. After the mortgage is paid off, how to cancel the mortgage registration?
Bring the lender's ID card, loan contract and repayment bank card or cash to the loan bank (usually written in the loan contract, including the bank name and address) to handle the prepayment business, and directly tell the lobby manager what the business is and ask him to help get the number (note that it is not a general deposit and withdrawal business, it is best to ask the lobby manager to get the number by mistake to avoid wasting time).
After arriving, hand in your ID card to the bank counter, tell the bank staff to repay the mortgage in advance and the amount to be repaid, and then press the relevant deduction and signature procedures according to the instructions of the counter staff. Note: Generally, the loan can be paid off in one lump sum or in part in advance, subject to the contract.
If all the mortgages are paid off at one time, the bank will issue you a stamped mortgage repayment certificate and the next business notice (because generally, after paying off the loan, you need to go to the local "personal loan repayment service center" of the bank to retrieve the loan file, and the bank will inform you by SMS).
After receiving the SMS notification, go to the "Personal Loan Repayment Service Center" to extract the mortgage files, and the bank will issue a formal mortgage repayment certificate and a mortgage cancellation power of attorney, and return the mortgage files such as the real estate registration certificate and loan contract to you. In this way, the bank's business is completed, and the last step: go to the local housing authority to handle the mortgage cancellation procedures.
It is best to contact the Housing Authority by telephone in advance with the required materials and time, and then handle the mortgage cancellation with relevant materials. Generally, you need to carry real estate license, mortgage payment certificate, mortgage cancellation power of attorney and personal ID card. Then complete the mortgage cancellation procedures according to the instructions of the counter staff of the Housing Authority.
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