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Zhengzhou City Real Estate Mortgage Management

Original Language Title: 郑州市房地产抵押管理办法

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Responsibilities in the State

(Summit No. 112 of 14 October 2013 of the Permanent People's Government of the State of the Republic of Yemen to consider the adoption of the Order of the Government of the State of the Republic of Zhenmin, 25 November 2013, for publication of implementation effective 1 January 2014)

Chapter I General

Article 1 guarantees the legitimate rights and interests of the collaterales of property and the collateral, in accordance with relevant laws, regulations, such as the People's Republic of China Act on Asset Rights, the People's Republic of China's Urban Property Management Act and the Soy State Housing Registration Regulations, to develop this approach in conjunction with the practice of the city.

Article 2 establishes mortgages for real estate in the city's administration.

The State-owned land-use rights that do not exist on the ground (including buildings, constructions and housing construction) are not applicable.

Article 3. The municipal property administration is responsible for the management of property mortgages in this city, with the specific responsibility of the property mortgage management in the city.

Districts (markets), top-urban real estate administrations are responsible for the management of property mortgages in the current administration.

Chapter II

The following properties may be mortgaged:

(i) The acquisition of home ownership cards by law;

(ii) The acquisition of pre-registered commodities by law;

(iii) The construction of State-owned land in accordance with the statutory conditions for the transfer of property.

Article 5:

(i) The right to housing is disputed and registered in proceedings, arbitration or objection;

(ii) Education, health facilities and other social utilities facilities for public goods;

(iii) In accordance with the law, the protection of State-owned property;

(iv) Transfer by law or by other means of law;

(v) It has been included in the Government's coverage by law;

(vi) The construction of works and houses after the land-use mortgage;

(vii) Laws, administrative regulations stipulate that no other property shall be collateraled.

Article 6. The mortgage shall be in one of the following cases:

(i) The mortgage shall be communicated in writing to other commons and shall be limited to the share of the collateral;

(ii) In the case of a person who is incapable of a civil act and restricts the real estate mortgage of a civil act capability, the guardian is entitled to register and submit a written assurance of lawful and effective custody relations and of the interests of the guardian;

(iii) State-owned enterprises, corporate entities shall be authorized by law by State-owned asset monitoring bodies or by organs entitled to approval;

(iv) All collective enterprises shall be collateraled for all their properties and shall be adopted by the General Assembly, as prescribed by this enterprise worker (representative) and shall be reported to their superior authorities;

(v) Limited liability companies, equity companies, which are collateral for all their real estates, shall be adopted by the board of directors or shareholders (green) in accordance with the provisions of the public justice and corporate charter;

(vi) An enterprise with a period of time to operate mortgages for all its real estates and the period of fulfilment of the secured obligation shall not exceed the operational period of the enterprise;

(vii) The payment of the guaranteed debt shall not be limited to the duration of the use specified in the land-use transfer contract, but the remaining period after the time limit has been used.

Article 7 provides for more than two mortgages in the same real estate, and the collateral shall inform the whole collateral.

The collateral shall communicate the lease to the collateral and inform the lessee of the mortgage.

Article 8 was mortgaged by the house, which was collateraled with the right to land use within the scope of the house's occupation; uncollected collateral.

Housing construction works have been completed in part, and their land-use rights are collateral.

Article 9. The value of mortgage property is determined in consultation with the collateral party and may also be entrusted with the assessment of real estate price.

Article 10 claims guaranteed by the mortgage property shall not exceed the value of the property.

After the mortgage, the value of the property is greater than the balance of the secured claim, which may be reprimed but cannot exceed the balance.

Article 11. When establishing a real estate mortgage, the parties shall enter into a written mortgage contract. The mortgage contract shall contain the following key elements:

(i) The name or name of the collateral, the collateral owner or residence;

(ii) Types and amounts of principal claims;

(iii) The name, place, size, structure, condition, area of construction, area of use, and title number;

(iv) The value of mortgage property;

(v) The time period for the debtor to fulfil its obligations;

(vi) The occupants of mortgage properties, the means of occupancy management, the responsibility for occupancy management and the responsibility for accidental damage and loss;

(vii) Liability for default;

(viii) Dispute settlement;

The mortgage contract shall also contain the following:

(i) Numbers of National Land Use Certificates, Land-Use Planning Licence, Construction of Engineering Planning Licence and Construction Engineering Licence;

(ii) The construction of housing works;

(iii) Progress in construction and completion date of work;

(iv) Workloads and works completed.

Article 12 establishes a mortgage contract whereby the collateral owner and the collateral shall not agree to transfer the collateral property ownership to the creditor when the collateral collateral was not liquidated.

Chapter III Registration of mortgages

Article 13. Real estate mortgages are registered.

The establishment, modification, transfer and elimination of the right to real estate mortgage should be registered in accordance with the law.

Article 14. Registration of property mortgages is governed by the following procedures:

(i) Applications;

(ii) Acceptance;

(iii) Approval;

(iv) A book of house registration;

(v) A certificate of rights for the issuance, conversion or recovery of homes.

He has his rights certificate, which includes his home titles, the pre-registration certificate of the right to purchase a commodity home and the registration of the house in the construction of a mortgage certificate.

Article 15. The applicant shall submit the application, identification and other relevant material under this scheme.

The applicant shall be responsible for the authenticity, legitimacy and effectiveness of the registration material submitted by him or her and shall not conceal the authenticity or provide false material.

Article 16 establishes mortgage rights for house-ownership cards and shall be submitted to the following material at the time of registration:

(i) Home ownership cards;

(ii) The mortgage contract;

(iii) The main claim contract;

(iv) A written certificate confirming the value of the mortgage;

(v) Other material provided by law, regulations and regulations.

Article 17

(i) He has his credentials;

(ii) A certificate of change in the registration of mortgages or the transfer of mortgage rights;

(iii) Other material provided by law, regulations and regulations.

More than two mortgages were granted in the same real estate because of the amount of the secured claim, the duration of the debt, the change of the collateral application, and the written consent of other collateral holders and the relevant identification.

Article 18 establishes mortgage rights in pre-purchasing commodity premises and shall apply for pre-emption registration of commodity premises and submit the following materials:

(i) The mortgage contract;

(ii) The main claim contract;

(iii) Preservation certificates for the purchase of commodity premises;

(iv) The parties' agreement on pre-registration;

(v) Other material provided by law, regulations and regulations.

Article 19

Article 20 establishes mortgage rights under the law for construction works and shall be submitted to:

(i) The mortgage contract;

(ii) The main claim contract;

(iii) National land use certificates;

(iv) “Recreation of land-use planning permits”;

(v) “Application of construction planning licences;

(vi) The construction work permit;

(vii) A written certificate confirming the value of the mortgage;

(viii) Other material provided by law, regulations and regulations.

Article 21, which is registered by law in relation to changes in the mortgage, transfer or elimination of construction works, shall be subject to a certificate of change, transfer or elimination of the right to construction of a house in the construction of a mortgage registration certificate and the property of the house in the construction of the construction of the mortgage, and apply for registration, transfer of registration, write-off.

In accordance with article 22, the purchaser of a commodity house obtained a home title certificate, the house shall apply for the registration of an advance notice of the right to purchase a commodity home after the construction of the construction work is completed and the initial registration of the homeowner's title.

Article 23 provides for the establishment of a maximum mortgage in accordance with article 16 and article 20 of this scheme, with the maximum mortgage contract and the principal claim contract for a continuing claim within a period of time.

Prior to the determination of the maximum collateral security claims, changes in registration matters should be submitted to the following materials when the parties apply for a change in registration:

(i) A certificate of his home or a certificate of mortgage in construction works;

(ii) The claim for the maximum collateral security has not yet been determined;

(iii) Evidence material showing changes in the highest collateral rights;

(iv) Other material provided by law, regulations and regulations.

The written consent of other collateral holders and the proof of the relevant status shall also be submitted to the extent that the maximum amount of the claim is changed during the period determined.

Article 25 Prior to the determination of the maximum collateral security claims, the collateral transferee and the transferee shall submit the following material:

(i) A certificate of his home or a certificate of mortgage in construction works;

(ii) The claim for the maximum collateral security has not yet been determined;

(iii) Evidence of the transfer of the highest collateral rights;

(iv) Other material provided by law, regulations and regulations.

Prior to the determination of the maximum collateral security claims, the creditor's transfer of some of the claims shall not be registered by the real estate administrative authorities unless the parties otherwise agree. The parties agree that the maximum collateral right shall be transferred with the transfer of some of the same claims and shall apply for the transfer of the mortgage rights in accordance with article 17 of this scheme and article 21 of the Article.

Article 26 is registered as a result of the application for the scope of claims that have been transferred to the maximum collateral security prior to the establishment of the maximum collateral right, and shall submit the following material:

(i) A contract or other grounds for registration of the material;

(ii) The collateral and the collaterale agreed to include the claim in the written material of the maximum mortgage security.

Article 27 determines that the application for the registration of the maximum collateral right shall be submitted to:

(i) A certificate of his home or a certificate of mortgage in construction works;

(ii) The claim for the maximum collateral security has been determined;

(iii) Other material provided by law, regulations and regulations.

Article 28, which is registered by law, has one of the following cases in which the collateral owner shall apply for the processing of the collateral write-off registration:

(i) The elimination of the main claim;

(ii) The right to mortgage has been realized;

(iii) The collaterale renounces the right to mortgage;

(iv) Other circumstances that have been eradicated by the right to mortgage.

Article 29 applies for the processing of the right to write-off registration and shall submit the following materials:

(i) He's certificate of rights;

(ii) The material destroyed by the right to mortgage;

(iii) Other material provided by law, regulations and regulations.

Article 33 The applicant's submission of the registration material is fully and in accordance with the statutory form, and the real estate administrative authorities should receive it at the time and obtain the admissibility certificate.

The applicant's submission of the registration material is incomplete or not in accordance with the statutory form and is not in a position to communicate to the applicant a one-time basis the content of the request.

Article 31 shall include, within 10 working days of the date of receipt of the application, registration of the application in the home registry or in the written decision not to be registered.

The house is registered with the construction of a mortgage right and should be checked on the ground.

Article 32 establishes registration under the law of mortgage rights, and the real estate administration shall document the following matters in the home registry:

(i) The collateral party, the name or name of the debtor;

(ii) The amount of the secured claim;

(iii) Mortal value of property;

(iv) Scope of mortgage security;

(v) The time period for the debtor to fulfil its obligations;

(vi) Registration time.

Article 33 determines the registration of the highest collateral rights under the law, and the real estate administrative authorities should document the facts established in the home registry.

The legal instruments established by the parties agreement or entered into force by the People's Court, the arbitral body may determine the amount of the claim and the fact that the real estate administrative authorities may document the amount of the claim on the basis of a party's application.

In accordance with the contents of the home registry, the property administration authorities issued a housing certificate of rights.

A mortgage was granted on the basis of property obtained from the home title certificate and a home was issued for the construction of a mortgage certificate for the construction of the construction of the construction of the construction of the construction certificate.

Article XV applies for the processing of property mortgages and shall be charged with the cost of registration in accordance with the relevant provisions of the State, the province.

Article XVI allows the parties and the stakeholder to obtain access, copyage, replication of property mortgage registration information in accordance with the provisions, and the property administration authorities shall facilitate.

Chapter IV

Article 37 creates mortgage property and is held and managed by the collateral. The collateral shall preserve the security and integrity of the mortgage property.

The collateral owner has the right to monitor and inspect the state of the mortgage property in accordance with the agreement of the mortgage contract.

Article 338 Damages in real estates and losses, the mortgager should take timely measures to prevent the expansion of losses and inform the collateral.

Article 39 sets the mortgage property on the Government's scope and the collateral shall notify the collateral in a timely manner. The collateral and the collateral could re-establish the collateral and the debt cancellation contract under the law.

During the mortgage period, the collateral shall not transfer mortgage property without the written consent of the collateral owner, except for the transferee's right to liquidate the debt cancellation; the collateral shall agree to the transfer of mortgage property and shall liquidate the transfer of the money from the transfer to the mortgagee in advance of the liquidation or deposit. The portion of the transfer price exceeds the amount of the claim is owned by the collateral and is partly liquidated by the debtor.

Article 40 provides for more than two mortgages in the same real estate, and the price of the auction, the sale of mortgage property is settled in the order of the mortgage registration; the same order is liquidated in accordance with the proportion of the claim.

Article 42 has one of the following cases:

(i) The end of the debt, and the mortgagee has not been liquidated;

(ii) The death or declaration of death, the failure to honour the legitimate successor of the collateral or guarantor, the survivor's refusal to honour the debt due;

(iii) The collateral is declared dissolved or insolvent by law;

(iv) Other cases of the mortgage contract agreement.

When the mortgage is disposed of by the collateral, the collateral shall be communicated in writing to the collateral or its rights obligations; the collateral property shall be shared as a whole and shall be informed in writing.

Chapter V Legal responsibility

In article 44, the applicant shall apply for the registration of property, for example by means of deceasing the report, for example, for the purpose of deceiving him of his rights certificate, subject to the corresponding legal responsibility of the applicant.

Article 42 of the unlawful production, falsification, conversion or use of his rights certificates for illegally produced, forged or converted homes are collected by the property administration authorities in accordance with the law; endanger the order of social security and are sanctioned by public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China; constitutes an offence and hold criminal responsibility under the law.

Article 46 staff members of the real estate administration have one of the following acts, which are lawfully disposed of; constitutes an offence and criminal responsibility under the law:

(i) Registration of applications that do not meet the conditions of registration of property;

(ii) No registration of applications for compliance with the conditions for registration of property;

(iii) No registration in accordance with the prescribed procedures and time frames;

(iv) Removal, destruction and falsification of the home registry;

(v) Other acts of negligence, abuse of authority, favouring private fraud.

Article 47 of the Territorial Administration and its staff are in breach of the provisions for the processing of property mortgages, causing damage to others, with the corresponding legal responsibility of the property administration authorities. After liability is assumed by the real estate administration authorities, staff who have intentional or significant negligence are entitled to seek compensation.

Annex VI

Article 48 is implemented effective 1 January 2014. The Solemn Memorial Management Scheme (No. 71 of the People's Government Order No. 71) was published by the Government of the city on 4 December 1998.