Huainan City, Interim Measures On The Administration Of Urban Real Estate And State Land Mortgage

Original Language Title: 淮南市城市房地产和国有土地使用权抵押管理暂行办法

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(October 15, 2003, Huainan city people's Government, the 6th Executive meeting on October 20, 2003, Huainan municipal people's Government, the 92nd release) first in order to strengthen the management of urban real estate and State land mortgage, guarantee the legitimate rights and interests of the parties, in accordance with the People's Republic of China on urban real estate administration law, the People's Republic of China Law of guarantee and the Anhui City real estate trade management regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article within the scope of State-owned lands in the urban planning of the city acquire land and engaged in the real estate and mortgage of the land (hereinafter referred to as mortgage) activities shall abide by these measures. Article mortgage mentioned in these measures refers to the mortgagor for its legitimate collateral without transfer of possession to provide debt guarantees to the mortgagee in the manner of behavior.
    When the debtor defaults, the creditor shall have the right to auction or sale of the mortgage (with discounts) of the priority claim.
    Fourth city and County Administrative Department is responsible for the management of urban real estate is mortgaged real estate, city and County land and resources Administration Department of the State-owned land use right mortgage management (above hereinafter referred to as collateral management sector).
    Article fifth housing mortgages, the houses within the land and mortgages.
    Land is mortgaged, the above-ground buildings, fixtures and collateral.
    Sixth mortgage real estate and land use rights can be of the following: (a) the mortgagor's House, (ii) the mortgagor is entitled to dispose of according to law; (c) the construction of the mortgagor and (iv) the mortgagor pre-order housing; (v) obtained by transfer of the land, (vi) other real estate and land may be mortgaged according to law.
    Allocated to acquire land and mortgaged by the city and County approval.
    Seventh article following real estate and land right shall not set mortgage: (a) ownership unknown or has dispute of; (ii) for education, and medical, and municipal, public welfare career of; (three) included heritage protection or has important Memorial meaning of; (four) has law announcement included demolition range of; (five) law was seized, and seized, and regulatory, form limit transfer of; (six) law shall not mortgage of other real estate and land right.
    When eighth mortgage, collateral value can be determined by a qualified evaluation Agency, or mortgage the parties negotiate; allocated land should be made by a qualified evaluation Agency. Nineth the secured claim shall not exceed the value of the mortgage.
    In the context of the value of the mortgage can set two or more mortgages, mortgage the mortgage they should set inform the mortgagee.
    Article tenth by shares of mortgage collateral, limit of the mortgagor's share of the mortgage.
    Total mortgage collateral, subject to the consent of all the co-owners, mortgage people of all co-owners. To set the same of the mortgage more than two mortgages, as the same collateral.
    But the mortgage unless otherwise agreed by the parties.
    Mortgage article 11th, shall conclude a mortgage contract.
    Mortgage contract should contains Ming following main content: (a) mortgage party of name, and residence; (ii) claims of type, and amounts; (three) mortgage real of premises, and area, and with to area and the four to,; (four) mortgage real of value; (five) perform debt of term; (six) mortgage right out lost of conditions; (seven) default responsibility; (eight) dispute solution of way; (nine) both agreed of other matters.
    Mortgage contract take effect from the date of registration. 12th mortgage consultation, the parties agreed, you can change or cancel the contract.
    Change or cancel, change or cancellation of the contract shall be signed.
    A mortgage there are two or more mortgages, the mortgagee of the need to change the contract, requires the consent of the mortgagee's consent.
    13th within 30th since the date of the signing of the mortgage contract and mortgage registration of parties to a mortgage management.
    14th article handle mortgage registration, should inspection following information: (a) mortgage party of identity or corporate qualification proved; (ii) mortgage registration applications and mortgage contract; (three) real estate warrants or housing ownership card, and land right card; building engineering should submitted land right card (or with to proved), and planning license, and engineering budget table, and has input of engineering paragraph, and construction progress table, and has completed of engineering volume and the engineering image progress; pre-order housing should submitted purchase and sale contract and purchase and sale invoice;
    (D) can prove that the information on the value of the mortgaged property; (e) need to provide other information in accordance with law.
    15th mortgage changes or termination of the contract, parties to a mortgage shall at the date of modification or termination within 15th, collateral management Department for changes to the original registration or cancellation of registration. 16th mortgage management after accepting an application for registration, should be reviewed, since the 15th to be registered from the date of acceptance of the decision.
    Where a clear line of authority, legitimacy, fully permitted to be registered, and he awarded to the mortgagor right certificates; registration and shall notify the applicant in writing.
    17th the mortgagor to transfer collateral, it shall notify the mortgagee and inform the transferee; transfer of proceeds should repay its debts or in advance to arrange with the mortgagee deposited with a third party.
    Article 18th mortgage collateral is included in the relocation area according to law, the mortgagor shall promptly notify the mortgagee; mortgage reset mortgages on both sides, or you can clear debts according to law, contracts of discharge.
    19th article has following case one of of, mortgage right people right to requirements disposition mortgage real: (a) debt perform expires, mortgage right people not by settlement of, debtor and failed to and mortgage right people reached extension perform agreement of; (ii) mortgage people death or was law declared death and no on behalf of perform due debt of, or mortgage people of legal heir, and by legacy people refused to perform due debt of; (three) mortgage people was law declared dissolved or bankruptcy of; (four) mortgage people violation contract provides, unauthorized disposition mortgage real of;
    (E) the mortgagee has the right to dispose of the mortgage contract collateral in other circumstances.
    Of any of the circumstances set forth in the preceding paragraph, parties to a mortgage may negotiate to auction legal disposition of collateral through consultation, in accordance with the contract dispute, apply to the arbitration or initiate litigation to the people's Court of arbitration.
    20th when you dispose of the collateral, may, in accordance with new housing and mortgage shall be disposed of on land, but to dispose of the new housing, the mortgage shall not be entitled to priority of claim.
    21st mortgage proceeds of disposition the amount allocated according to the following order: (a) pay the collateral costs of disposition; (b) deducting the mortgage should be paid; (c) reimburse the mortgagee debt principal and interest, and pay a penalty; (d) compensation for damage caused by the breach of contract to the mortgagee of the debtor (v) the remaining amount is returned to the mortgagor.
    Allocated to acquire land at the disposition of the collateral, shall be paid from the proceeds of disposition of land should be paid the money after mortgagee can priority of claim.
    Disposal proceeds of collateral were insufficient to cover debt, default fine, compensation, the mortgagee has the right to recourse to the debtor the shortfall.
    22nd mortgagor hide collateral total, property disputes or situations such as sealing up, distraining, or by illegal means are registered, shall bear the corresponding legal responsibility.
    23rd mortgagor's wrongful disposition of collateral, its behavior is invalid causing loss to the mortgagee or the third, the mortgagee is responsible for compensation.
    Article 24th mortgage activities were not legally registered, by collateral management departments in accordance with the relevant laws, rules and regulations shall be punished.
    25th mortgage dereliction of duty, abuse of power, favoritism by management, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 26th city planning in this city within the boundaries of State-owned land use right outside the area, and engaged in the real estate and mortgage of the land activities, in accordance with the measures implemented.
                                                    27th article this way come into force on January 1, 2004.