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Administrative Measures On Real Estate Mortgages In Xining

Original Language Title: 西宁市房地产抵押管理办法

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(Summit 24th ordinary meeting of the People's Government of Sihan on 18 November 2005 to consider the adoption of Decree No. 72 of 22 November 2005 of the People's Government Order No. 72 of 22 November 2005 on 1 January 2006)

Chapter I General
In order to strengthen the management of real estate mortgages, maintain the order of the real estate market and guarantee the legitimate rights and interests of the collateral party, this approach is based on relevant laws, regulations, such as the National People's Republic of China's Urban Property Management Act, the People's Republic of China Guarantee Act.
Article 2 engages in real estate mortgages on land in urban planning areas in the city's administration area and should be respected.
This approach is not applicable when State ownership of land use rights (including buildings, constructions and construction works).
Article 3 states that this approach refers to the payment by the collateral to the collateral in a non-transferable manner of the encumbered asset by the mortgager. Where the debtor does not meet its obligations, the creditor has the right to be paid as a matter of priority by virtue of the price of that property or by the auction and the sale of the property.
The scheme referred to the pre-emption mortgage of the commodity housing facility, which means that the purchaser, after paying the first-provided housing price, pays the remaining purchases by the loan bank and collateral the purchaser's collateral to the borrowing bank as a repayment of the loan.
This approach refers to mortgages for construction, which are alleged to be mortgaged by mortgages for the continued construction of funds in the construction work to obtain land-use rights in a legal manner, together with inputs in construction works, to mortgage the loan bank as a reimbursable loan to carry out the security.
Article IV is mortgaged by law on the ownership of the house, which must be collateral.
Article 5 Mortgage in real estate is in place. The mortgages granted by law are protected by law.
Article 6. Real estate mortgage follows the principle of voluntary, mutually beneficial, fair and honest credit.
Article 7
Chapter II The right to mortgage
No mortgage shall be granted in the following Article 8.
(i) The right to be contested property;
(ii) Real estate for public welfare, such as education, medical care, municipalities;
(iii) The inclusion of property in the context of evictions by law;
(iv) To include buildings protected by the material and other buildings that are of great importance;
(v) The property being seized, seized, regulated or restricted by law;
(vi) Harmonial buildings and temporary buildings;
(vii) The construction of the property already sold;
(viii) No other property with the right to mortgage shall be granted by law.
Article 9 is governed by the provisions of the relevant legal regulations by State-owned enterprises, business units, all collective enterprises, medium- and external joint ventures, small- and external cooperation in the operation of enterprises, exclusive businesses, limited liability companies, equity companies.
Article 10 creates a mortgage on shared property and must be collateraled by the written consent of the owner.
The right to mortgage is granted in the home purchased at the standard price, with the consent of the original property unit; for reasons such as insolvency, the consent of the property administration is required.
Article 11 creates a mortgage on the rented real estate and the collateral shall inform the collateral and inform the lessee in writing.
Article 12 establishes mortgages for the construction of a portion of the engineering properties, with the right to land.
The mortgage shall not be sold at the time of the mortgage agreement after the construction of a mortgage right.
After completion of the project, the right to mortgage must not be granted in construction.
Article 13. Pre-prime mortgage mortgages for commodity housing construction projects must be in line with the conditions for real estate transfers and obtain a licence for the sale of commodity premises.
Article XIV establishes the same mortgage rights in two properties as the same mortgage property.
Article 15 claims guaranteed by the collateral shall not exceed their value. After the mortgage of property, its value is greater than the balance of the secured claim, which may be reprimed but cannot exceed the balance.
The same property creates more than two mortgage rights, and the collateral shall notify the collateral in writing of the already established mortgage.
Article 16 states that the period of mortgage is determined in consultation with the mortgage party.
Enterprises with a duration of business are granted mortgages for all their properties and the mortgage period shall not exceed the actual remaining operating period.
Mortgage is granted on land-use-use-related properties, which may not exceed the actual length of the land-use power.
The price of mortgage property may be agreed upon by the collateral party in consultation, or by an assessment body with the qualifications of the real estate assessment.
The collateral property is the subject of the price set out in the contract for the sale of commodities.
Article 18 Changes between the collateral or the collateral party or between the parties shall be communicated in writing to the parties in a timely manner and the parties to the change shall have the corresponding rights and obligations under the law.
When the mortgage was killed, the death was declared or disappeared by law, its property was lawfully inherited, the survivor or the custodian continued to perform the original mortgage contract.
Chapter III Establishment of a mortgage contract
Article 19 Mortgage of property shall enter into a written mortgage contract. The mortgage contract shall contain the following key elements:
(i) The name of the collateral, the name of the mortgagee or the name of the person, the residence;
(ii) Types and amounts of principal claims;
(iii) Location, name, status, construction area, area of use and four to the mortgage property;
(iv) The value of mortgage property;
(v) The occupants of mortgage properties, the means of occupancy management, the responsibility for occupancy management and the responsibility for accidental damage and loss;
(vi) The time period for the debtor to fulfil its obligations;
(vii) The conditions for collateral elimination;
(viii) Liability for default;
(ix) Dispute settlement;
(x) The time and place for the mortgage contract;
(xi) Other matters agreed by the mortgage party.
Article 20, mortgages in construction, except in accordance with article 19, shall also contain the following:
(i) State-owned land-use certificates and construction planning licences;
(ii) Workloads and works completed.
Article 21 mortgages in favour of the acquisition of commodity housing loans, in addition to compliance with article 19, are also required to submit contracts for the sale of pre-entry commodities.
Article 22 collaterales require mortgage insurance, as well as a requirement to limit the rent of mortgages after the mortgage, transfer or change the use, and the collateral party should include in the mortgage contract.
Chapter IV Registration of mortgages
Article 23. The real estate mortgage contract shall, within 30 days of the date of signature, be registered by the parties in the registry of the real estate location.
The real estate mortgage contract entered into force on the date of the mortgage registration.
Article 24
(i) The certificate of identity of the collateral party or legal personality;
(ii) His claim for registration of rights;
(iii) Main contracts and mortgage contracts;
(iv) The Homeownership certificate, which must also be submitted to the Accreditation of Housing and other co-collection instruments;
(v) Information that can prove the value of the mortgage;
(vi) Other documents considered necessary by the registry sector.
In paragraph (iv) of the previous paragraph, mortgages should be charged to the pending contract for the sale of commodity premises; and, in the case of construction, a licence for national land-use certificates and construction of engineering planning should be paid.
The mortgage-ownership enterprise, the treasury unit, all collective enterprises, medium-sized joint ventures, small- and medium-sized businesses, exclusive businesses, limited liability companies, shares companies, etc. should also be tested to demonstrate the right to establish mortgage rights.
Article 25 The registration sector shall review the applicant's application. Where the right is clear and the material is sufficient, it shall, within five working days of the date of the registration, decide whether or not to be registered, inform the applicant in writing.
Article 26 is mortgaged by law on the property of the housing title certificate, and the registration sector shall be governed by the collateral after documenting his rights under the original Housing Title Certificate. He was granted to the collateral.
The registration sector is documented in the contract for the sale of goods and mortgage contracts with the construction of prefabricated goods or mortgages. The collateral property was completed during the mortgage period, and the collateral was to be reintroduced by the collateral.
In the event of a change in the mortgage contract or the termination of the mortgage relationship, the parties shall, within 15 days of the date of change or termination, process changes or write-offs in the registry sector.
As a result of the legal disposition of property, the parties shall, within 30 days of the entry into force of the act of dispossession, register the real estate change in the registry sector.
Article 28 provides information on the registration sector's mortgage registration and allows the parties or the relevant institutions to access, copy or reprint in accordance with the relevant provisions.
Article 5
Article 29 has been mortgaged and is collateraled and managed.
The collateral shall maintain the security and integrity of the mortgage property during the occupation and management of the mortgage property, and the collateral owner has the right to monitor the management of the mortgage property in accordance with the agreement of the mortgage contract.
Article 33 collateral rights may be transferred with claims. In the transfer of mortgage rights, the transfer of mortgages should be concluded and the registration of a change in the mortgage rights. After the transfer of mortgage rights, the collaterale shall be informed by the collateral.
The mortgage property may be transferred or rented with the consent of the collateral.
The collateral property transfer or the price of the rent shall be paid to the collaterale in advance to the collateral. More than a portion of the amount of the claim, all of the collateral, is partly liquidated by the debtor.
Article 31 includes mortgage property on the basis of State construction needs and shall notify the collateral in a timely manner; the collateral party may re-establish the collateral property or, in accordance with the law, liquidate the mortgage contract.
Article 32 Damages and losses of mortgages should be communicated to the mortgagee in a timely manner and measures taken to prevent the expansion of losses. In the event of the loss of collateral property due to the collateral act, the collateral owner has the right to require the collateral to reproduce or increase the security to compensate for shortcomings.
The collateraler's reduction in the value of the mortgage property was missible, and the collateral was only required in the context of the compensation obtained by the collateral for damage. A portion of the value of collateral property has not been reduced and remains the security of the debt.
Chapter VI
In one of the following cases, the collateral owner has the right to require the disposition of the collateral property:
(i) The collateral period ended and the debtor was not liquidated and was not able to reach an extension agreement with the collateral;
(ii) The death of the collateral, the death of which was declared unaffordable for the fulfilment of the debt due; or the legitimate successor of the collateral, the survivor's refusal to meet the debt due;
(iii) The collateral is declared dissolved or insolvent by law;
(iv) The collateraler has committed itself to disposing of mortgage properties;
(v) Other cases of the mortgage contract agreement.
In disposing of mortgage properties, the collateral party may be resolved through legal consultations such as discounts or auctions, sale. The agreement does not make it possible for the collateraler to bring the proceedings before the People's Court.
The collateral shall notify the collateral in advance of the disposition of the collateral property; the mortgage property shall be shared or rented in writing; and, under the same conditions, the owner or the lessee shall have priority to buy the right.
Article 16 is reimbursed in the order of the mortgage registration when the same property is disposed of for the creation of the two mortgage rights.
In the case of disposing of land-use rights obtained in a transferable manner, together with the real estate mortgages granted by the local buildings, the mortgage owner may be given priority from the payment of the price equivalent to the amount of the paid land-use right.
The provisions of the law, legislation and regulations are otherwise provided.
In disposing of mortgage properties, new homes and mortgage property may be disposed of in accordance with the law, but the collateral owner has no right to receive priority.
Article 39 Disposal of mortgage property by the collateral owner is suspended as follows:
(i) The collateraler requests the suspension;
(ii) The collateral has applied for the willingness and proof that the debt can be met in a timely manner, with the consent of the collateral;
(iii) The right to be contested;
(iv) Mortal property in proceedings or arbitration;
(v) Other cases should be suspended.
Article 40
(i) The cost of disposing of mortgage properties;
(ii) Removal of taxes due to mortgage properties;
(iii) Debt interest and default payments;
(iv) The damage caused by the debtor to the mortgagee in violation of the contract;
(v) The remaining amount was surrendered to the collateral.
The amount of the disposing of the mortgage was not sufficient to pay the debt, default and compensation, and the collateral was entitled to recover the part of the debtor.
Chapter VII Legal responsibility
Article 40 provides false information or conceals the existence of collateral property, property disputes and seizures, freezing, seizures, etc., and the collateral assumes the legal responsibility arising.
Article 42 states that the collateral is self-imposed to rent, sell, grant and exchange or otherwise dispose of the encumbered property, which is null and void, causing third-party losses and compensated by the collateral.
Article 43 collateral parties may be resolved in consultation with respect to the dispute over the implementation of the mortgage contract; the consultations do not make it possible for the collateral party to apply for arbitration in accordance with the arbitration agreement reached between the parties; and the absence of an arbitration agreement may also direct proceedings before the People's Court.
In violation of article 31 of this scheme, the collaterale may sue the People's Court without the legal liquidation of the debt or the re-establishment of the mortgage property.
Article 44 15 Staff members of the registry are toys negligence, abuse of authority, or take advantage of the facilitation of their functions, to seek the benefit of others, or to receive illegally the property of another person for the benefit of the other person, to be administratively disposed of by their units or superior authorities, which constitute criminal liability under the law.
Chapter VIII
Article 46 provides foreign land-based properties in the urban planning area within the city's administration, or in the collective land within the city's administration, mortgage activities are carried out in the light of this approach.
The specific issues in the application of Article 47 are explained by the Senin City Authority.
Article 48 is implemented effective 1 January 2006.