Zhengzhou City Real Estate Mortgage Management

Original Language Title: 郑州市房地产抵押管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399394.shtml

Zhengzhou City real estate mortgage management

    (October 14, 2013, Zhengzhou city people's Government, the 112th general meeting on November 25, 2013, Zhengzhou municipal people's Government promulgated as of January 1, 2014) Chapter I General provisions

    First to standardize the real estate mortgages, and protect a mortgagor and a mortgagee the legal rights and interests, in accordance with the People's Republic of China Law on real right, the People's Republic of China Law of guarantee and the People's Republic of China on urban real estate administration law and the Zhengzhou Homes Registration Ordinance and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second mortgage real estate within the administrative area of the city, these measures shall apply.

    No houses on the ground (including buildings, structure and the construction of housing) the mortgaged land, these procedures do not apply.

Article, real estate mortgage, real estate administrative departments are responsible for the management of their real estate, real estate mortgage, collateral management institutions are responsible for the day-to-day management.

    Counties (cities), shangjie District real estate administrative departments responsible for the administration of real estate mortgage in management.

    Mortgage in chapter II set

Article fourth the following real estate mortgage:

(A) lawfully obtained housing housing;

(B) according to the preliminary registration of commercial housing purchased;

    (C) meet the legal conditions for the transfer of State-owned real estate housing project under construction on the land.

Article fifth the following property may not be mortgaged:

(A) the housing ownership is disputed, and in litigation, arbitration, or in the registration;

(B) of the public institutions and the social organizations for the purpose of education, medical and health facilities and other public welfare facilities;

(C) include State-owned cultural relics protected by law;

(D) the legal transfer of seized or otherwise is restricted by law;

(E) the notice included in scope the Government according to law;

(Vi) after the mortgage of land housing construction and housing;

    (VII) other laws, administrative rules and regulations may not be mortgaged real estate.

Sixth mortgage has one of the following circumstances shall comply with the following provisions:

(A) co-ownership of real estate mortgage the mortgagee shall notify the other joint owners, and limited to the mortgagor's share; based on common ownership of real estate mortgage mortgage people-co-owners of the whole;

(B) without or with limited capacity for civil conduct of real estate mortgages, by their guardian to apply for registration, and submit legal guardianship certificate and notarized copy of safeguarding the interests of guardians a written undertaking;

(C) State-owned enterprises and institutions management of the legal person in the State has authorized it to real estate mortgages, it shall be reported to the State-owned assets supervision and administration bodies or authorities of the power to approve;

(D) real estate mortgage of collectively-owned enterprises in all, should be in accordance with the regulations to the workers in the enterprise (representatives) adopted by the General Assembly and submitted to the competent authorities for the record;

(E) the limited liability company or Corporation all of its real estate mortgages, should be provided for in the company law and the articles of incorporation, the Board of directors or the shareholders (large) will pass;

(F) business term enterprise with all of their real estate is mortgaged, the performance of the secured obligation period shall not exceed the term of operation of the enterprise;

    (VII) in a real estate mortgage of land use, the time limit for performance of the secured obligation shall not exceed the land use specified in the contract term minus has useful life remaining after completion of the term.

Article seventh the same set two or more real estate is mortgaged, the mortgagor shall inform the mortgagee of the whole of the mortgage.

    Mortgage of real estate to rent, the mortgagor shall inform the mortgagee will lease, mortgage and notify the lessee.

Article eighth mortgage the House within the land shall be mortgaged is not mortgaged, as mortgagor.

    Housing construction has completed part of the collateral, it occupies of land shall be mortgaged.

    Nineth when setting real estate mortgage mortgage by mortgage of real estate value negotiated by the parties, may also appoint real estate appraisal institutions assessment.

Tenth claim secured by mortgage of real estate shall not exceed the value of the property.

    After a real estate mortgage, the value of the property is greater than the balance of the secured claim, may be mortgaged again, but not in excess of the balance. 11th when mortgages are being set, the Parties shall conclude a mortgage contract in writing.

A mortgage contract shall include the following main elements:

(A) the mortgagor, the mortgagee's name or name and address;

(B) the kind and amount of the principal claim;

(C) the name of the mortgaged real estate, is located, the number of layers and structures, condition, area, land area and number of warrants;

(D) the value of the mortgaged property;

(E) the term of the obligor;

(F) the seizure of the mortgage real estate manager and take up management, take up management responsibility as well as accidental damage to or loss of responsibility;

(G) liability for breach;

(VIII) dispute;

Housing construction mortgages, mortgage contract shall contain the following:

(A) the implementation of State-owned land use permit, the planning permit for construction and the construction project planning permit and construction permit number;

(B) has been put into the housing construction projects;

(C) the construction progress and project completion date;

    (D) the amount of work completed and engineering.

    12th conclude a mortgage contract, the mortgagee and the mortgagor may not stipulate debt maturity at the the mortgagee has not been repaid, mortgage of real estate ownership transferred to the obligee.

    Chapter III registration of mortgage

13th concerning the registration system of real estate mortgage.

    Real estate mortgage creation, modification, transfer and termination, it shall apply for registration.

14th real estate mortgage registration in accordance with the following procedure:

(A) the application;

(B) is inadmissible;

(C) audits;

(D) recorded in the register of the housing;

(E) the issuance, renewal or certificate of repossession of his right.

    Encumbrance certificate for housing including housing his warrant, certificate of registration of commercial housing purchased mortgage and housing construction mortgage registration certificate.

15th application for real estate mortgage registration, applicants should submit applications, identification and other related materials as provided herein.

    Applicants should submit registration materials for authenticity, legality, validity, responsible for not concealing facts or providing false information.

16th right to housing housing mortgage, applying for registration shall submit the following materials:

(A) the building ownership certificate;

(B) the mortgage contract;

(C) the principal contract;

(D) confirm the written proof of the value of the mortgaged property;

    (E) laws, regulations, rules and regulations of the other materials.

Article 17th mortgage right registration change main assignment or transfer, shall apply for registration or transfer of registration of mortgage, and submit the following materials:

(A) the housing he warrants;

(B) the registration of mortgage documentation of change or transfer of mortgage;

(C) laws, regulations, rules and regulations of the other materials.

    The same set two or more mortgage real estate, being the amount of the secured claim, debt terms, mortgage priority change of application for registration of changes, should also be submitted to other mortgagee's written consent and proof of identity.

Article 18th mortgage of commercial housing purchased the establishment, should apply for registration of commercial housing purchased mortgage, and submit the following materials:

(A) the mortgage contract;

(B) the principal contract;

(C) commercial housing purchased registration certificates;

(D) on registration of notice agreed by the parties;

    (E) laws, regulations, rules and regulations of the other materials.

    Article 19th of legally registered commercial housing purchased the mortgage modification, assignment or termination of, shall hold a mortgage of commercial housing purchased registration certificates and alteration, transfer or termination of commercial housing purchased mortgage documents, apply for alteration registration, transfer registration, cancellation of registration.

Article 20th mortgage of housing construction in established by law, when applying for registration shall submit the following materials:

(A) the mortgage contract;

(B) the principal contract;

(C) under the State-owned land use permit;

(D) of the planning permit for construction purposes;

(E) the permit for construction project planning;

(F) the construction license;

(VII) confirm the written proof of the value of the mortgaged property;

    (VIII) other material prescribed by laws, rules and regulations.

    Article 21st registration housing construction in the mortgage modification, assignment or termination of, should housing construction mortgage registration and housing construction change, transfer or termination of mortgage documents, apply for alteration registration, transfer registration, cancellation of registration.

    22nd the purchase of commercial housing purchased to acquire building ownership certificates, housing construction after the completion of initial registration and home ownership, mortgage party shall apply for commercial housing purchased the mortgage advance registration, housing construction to real estate mortgage mortgage registration registration.

    Article 23rd in order to obtain housing's housing, housing construction in the establishment of maximum amount mortgage, apply for registration of establishment in accordance with the approach set forth in 16th, 20th, and mortgage contracts for a maximum mortgage contract, main creditor claims will be series of contracts for a fixed period contract.

24th before the maximum amount secured by the mortgage term, registration changes, when the party applying for registration, the following documents shall be submitted:

(A) the housing he warrants or house construction mortgage registration certificate;

(B) the maximum amount mortgage creditor's evidence has not been determined;

(C) documentation of mortgage of maximum amount is changed;

(D) other material prescribed by laws, rules and regulations.

    Due to maximum amount of claim, changes during the term, and shall also submit other mortgagee's written consent and proof of identity.

25th before the maximum amount secured by the mortgage term, assignment of claims apply for registration of mortgage of maximum amount transferred, mortgages to the assignor and the assignee shall submit the following materials:
(A) the housing he warrants or house construction mortgage registration certificate;

(B) the maximum amount mortgage creditor's evidence has not been determined;

(C) documentation of mortgage of maximum amount transferred;

(D) other material prescribed by laws, rules and regulations. Mortgage of maximum amount of debt secured until the transferred part of the claims of creditors, except otherwise agreed by the parties, real estate administrative departments shall not transfer the right to apply for the mortgage register.

    Mortgage of maximum amount agreed by the parties, along with some of the claims assigned and transferred, shall apply for the mortgage right after the registration in accordance with this article 17th, 21st, provided they apply for transfer of mortgage registration.

Article 26th due to mortgage of maximum amount prior to the establishment of existing debt into the mortgage creditor's range of application for registration, the following documents shall be submitted:

(A) the registration of contract or other claims already exists evidence of sufficient reason;

    (B) the mortgagee with the consent of the creditor's rights into maximum mortgage guarantees in writing.

27th due to the mortgage creditor's OK, apply for registration of mortgage of maximum amount determined, shall submit the following materials:

(A) the housing he warrants or house construction mortgage registration certificate;

(B) the mortgage of maximum amount secured claims identified supporting documents;

    (C) laws, regulations, rules and regulations of the other materials.

Article 28th of legally registered real estate mortgage of any of the following circumstances, the mortgagee shall apply for cancellation of registration of mortgage:

(A) the principal debt elimination;

(B) the mortgage had been achieved;

(C) the mortgagee abandon the mortgage right;

    (D) mortgage elimination in other circumstances prescribed by law.

Article 29th applying for cancellation of registration of real estate mortgage, shall submit the following materials:

(A) housing encumbrance certificates;

(B) documentation of real estate mortgage elimination;

    (C) laws, regulations, rules and regulations of the other materials.

30th complete registration materials submitted by the applicant and in accordance with the statutory form, real estate administrative departments shall be dismissed on the spot, and issued to receive credentials.

    Application for registration materials submitted by the applicant are incomplete or not in compliance with the statutory form of inadmissible, and once informed the applicant needs to corrected content.

31st real estate administrative departments shall within 10 working days from the day of acceptance of the application, will apply for registration should be recorded in the housing register or not to register a written decision.

    Apply for housing construction in registration of mortgages, should see.

Article 32nd according to registration of mortgage, real estate administrative departments shall be recorded in the register of the housing in the following matters:

(A) the secured parties, obligations of the name or names;

(B) the amount of the secured claim;

(C) the value of the mortgaged property;

(D) the scope of guaranty of mortgage real estate;

(E) the term of the obligor;

    (F) registration time.

33rd mortgage of maximum amount determined registration according to law, real estate administrative departments should be of maximum amount mortgage creditor's has determined that the facts recorded in the register of the housing.

    Agreement by the parties or people's Court, the arbitration organization legal instruments in force determining the amount of debt, real estate administrative departments can be the application of a party will claim the amount determined by the parties the facts recorded in the register of the housing.

Article 34th recorded in the Administrative Department of real estate under the housing register, housing his right certificates issued.

    To achieve economies of mortgaged housing real estate, houses his warrants; to obtain commercial housing purchased the registration of mortgaged real estate, issuing notice of commercial housing purchased mortgage registration certificate; mortgage housing construction, housing construction mortgage registration certificate issued.

    Real estate mortgage registration article 35th, shall pay registration fees in accordance with the relevant regulations of the State, province.

    36th parties, interested parties can comply with the requirements for viewing, copying, copying the real estate mortgage information, real estate administrative departments should be facilitated.

    The fourth chapter possession and disposition of mortgaged real estate 37th mortgaged real estate, held by the mortgagor and management.

The mortgagor shall maintain the security and integrity of mortgaged real estate.

    Mortgagee has the right to a mortgage contract agreement to supervise and inspect the mortgaged real estate.

    Article 38th of mortgaged property damaged, destroyed or lost, the mortgagor shall promptly take measures to prevent losses from increasing, and advise the mortgagee. 39th mortgaged real estate is included in the Government-wide, the mortgagor shall promptly notify the mortgagee.

    The mortgagee and the mortgagor may reset your mortgage, mortgage contract can be prevented clearing debts according to law. During the 40th mortgage the mortgagee without the written consent of, and shall not be transferable mortgage real estate, but by assuming debts except for the eradication of the mortgage; mortgagee, the mortgagor agreed the transfer of mortgaged real estate, shall transfer the proceeds to the mortgage pays debts or be deposited.

    Transfer price exceeding the obligee of the part of the mortgagor, the shortfall by the liquidation of the debtor.

    41st set two or more same real estate mortgage, auction and sale of the mortgaged real estate liquidation proceeds in accordance with the registration order; the same order, in accordance with the proportions of the claims settlement.

42nd under any of the following circumstances, the mortgagee has the right to dispose of the collateral of real estate:

(A) the expiry of the debt, the mortgagee has not been repaid;

(B) the mortgagor dies or is declared dead, no one performed due debt or mortgage the legitimate heir, legatee refuses to comply due debts;

(C) the mortgagor is declared dissolution or bankruptcy;

    (D) other circumstances as stipulated in the mortgage contract.

    Article 43rd mortgagee at the disposal of the mortgaged real estate, he shall first notify the mortgagor or the person succeeding to its rights and obligations; mortgage for co-ownership of real estate, you should also inform the owner in writing.

    The fifth chapter legal liability

    44th applicants to conceal, false deceit in real estate mortgage registration, obtaining housing encumbrance certificate, by the applicant bear the corresponding legal responsibility.

    45th unlawful reproduction, forged, altered or illegal use of printed, forged or altered housing encumbrance certificate, collected by real estate administrative departments according to law; social security administration order, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

Article 46th real estate administrative departments staff of any of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not meet the conditions for registration of mortgage applications to be registered;

(B) to meet the conditions for registration of mortgage applications for registration;

(C) in accordance with the prescribed procedures, the time limit for registration;

(D) unauthorized alteration, destruction, falsification of register of the housing;

    (E) other acts of dereliction of duty, abuse of authority or engages in. 47th real estate administrative departments and their staff violated provisions of the real estate mortgage registration, harm is done to others, the Department of real estate administration bear the corresponding legal responsibility.

    After real estate administrative departments liable, for willful misconduct or gross negligence of staff are entitled to recover.

    The sixth chapter supplementary articles 48th article of the rules implemented on January 1, 2014. December 4, 1998, published by the people's Governments of the management of real estate mortgage in Zhengzhou (city people's Government, the 71st) repealed simultaneously.