Can I get the real estate license after the mortgage is paid off?

The real estate license does not need to wait until the mortgage is paid off. If the customer buys an existing house, he can get the real estate license within 90 days from the date of signing the contract. Otherwise, the owner has the right to ask the developer for advice and rights protection, and the developer needs to bear certain liability for breach of contract. And if you buy an auction house, you can usually get the real estate license within 90 days from the date of delivery.

Property ownership certificate, namely "Property Ownership Certificate", is the certificate that the purchaser obtains the legal ownership of the house through transaction, and can exercise the right of possession, use, income and disposal of the purchased house according to law, and it is also the legal certificate that the state protects the ownership of the house according to law.

Property ownership certificate, including house ownership certificate and house ownership certificate, is issued by the real estate department, mainly to ensure the order and safety of registration activities.

As one of the certificates, the real estate license has the following remarkable features:

(1) The real estate license can only be issued by the real estate authorities.

(2) The real estate license is a written proof of the ownership of a specific house, which can record the status of the specific house and whether a security interest has been set. Based on the doctrine of one thing and one right, the principle of real estate license is one house for one household, that is, a house with independent building structure and use function (including distinguishing all houses) has only one ownership, and there can only be one ownership registration in real estate registration, so only one real estate license can be issued accordingly.

(3) The real estate license can only be issued to the owner of a specific house. If the house is owned by * * *, in addition to the house ownership certificate, it can also be issued to the owner of * * *.

(4) The real estate license is the ownership certificate issued to a specific obligee after the registration authority has registered the ownership of a specific house, and the contents of the real estate license should be consistent with the contents of the register.

As the house is an important real estate, the related transaction activities are extremely common, so the real estate license is widely used in the transaction activities. However, in practice, there are still many contradictions between the understanding of real estate license and its nature, which can be summarized into two categories:

First, reverse the relationship between the real estate license and the real estate registration book, thinking that the real estate license is the only legal certificate to prove the ownership of the house, and the registration book is only the file of the real estate license.

Second, confuse the nature of certificate and securities, and think that real estate license has the nature and function of securities and can represent the ownership of houses recorded on it.

According to China's current housing ownership registration system, housing registration is the legal way to publicize the ownership of urban housing rights. In the transaction activities with housing as the subject matter, the acquisition, establishment and change of property rights with housing as the subject matter must be registered before it can take effect in the property law. Therefore, the confirmation of house ownership must be based on the records in the register.

As a kind of certificate, real estate license can prove the legal fact of who owns the house, but its probative force is based on the consistency between the records on it and the records in the register. If you leave the real estate register or are inconsistent with the records in the register, the real estate license will lose the proof of the ownership of the house rights in the transaction activities, but can only become the proof document for requesting confirmation from the registration agency. If the register has not been changed, any individual change of the real estate license itself will not have the effect of the property law.

The so-called "house ownership certificate is the only legal certificate for the right holder to own the house according to law and exercise the right of possession, use, income and disposal of the house", which actually reverses the relationship between the real estate license and the real estate register and misunderstands the principle, significance and applicable rules of property rights publicity.

The real estate license also does not have the function of representing the ownership of the house, which is very different from securities. Both are written documents, and the main differences between certificates and securities are as follows: certificates are only written documents to prove legal facts, and real estate licenses, as rights certificates, can only prove who the ownership of specific houses belongs to, but cannot represent the rights recorded on them;

Securities can not only prove the ownership of rights, for example, even if the parties only hold an orphan certificate of securities in the lawsuit, they can fully prove that they have rights to securities, but also represent the rights recorded on them, and the transfer and delivery of securities will have the effect of rights transfer.