Mortgage contract down, go to the house trading center to get a
the purchase invoice, warranty card and mobile phone are required when the mobile phone is under warranty; If the purchase voucher is lost, the warranty will start 90 days after the date of manufacture of the mobile phone, or the warranty time will be calculated according to the time of registered electronic insurance card, so as to remind you to take good care of your purchase voucher, so as not to bring inconvenience to the warranty. If you pay to repair your mobile phone, you don't need to provide any materials.
Second, you mean the mortgage receipt, which is collected by the bank and filed in the bank and will not be given to the mortgagor.
no matter whether the contract is valid or not, the property right can't be transferred immediately when you buy a real estate with a loan. You can't transfer the ownership until the loan is paid off and the mortgage is cancelled. So, there's a big risk....
The house ownership certificate is the legal certificate for the state to protect the ownership in accordance with the law. After the house has the property right certificate, it can not only live for a long time, but also rent, transfer, exchange, gift, inherit and mortgage. It can get compensation in case of construction demolition. If there is no real estate certificate, the above behaviors are illegal, and when the indivial housing rights and interests are infringed, they can not be protected by the state according to law
how long can I get the house property certificate after buying a house
how long can I get the house property certificate after buying a house
According to Article 18 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of disputes over commercial housing sales contracts, if, e to the seller's reasons, the buyer fails to obtain the house ownership certificate at the expiration of the following time limit, unless the parties have special agreement, The Seller shall bear the liability for breach of contract:(1) the time limit for registration of house ownership stipulated in the commercial housing sales contract
(2) if the subject matter of the commercial housing sales contract is the uncompleted house, 90 days from the date of delivery of the house for use (3) if the subject matter of the commercial housing sales contract is the completed house, it shall be 90 days from the date of signing the contractthe above clearly specifies the specific time for the buyer to obtain the real estate certificate and the responsibility of the developer who cannot obtain the real estate certificate. Even if the contract does not specify the time to obtain the real estate certificate, the buyer of the future house should also obtain the real estate certificate within 90 days after the house is delivered for use (the time for the developer to turn the key), otherwise, the developer will also bear the responsibility for breach of contract
According to Article 114 (3) of the contract law, if the parties agree on liquidated damages for delay in performance, the defaulting party shall also perform the obligation after paying the liquidated damages. For the liquidated damages for overe handling of house property certificate, it is punitive because the defaulting party shall continue to perform the obligation of handling the certificate after paying the liquidated damages Second, China's provisions on the liability for breach of contract for overe housing ownership certificate are relatively clear, that is, if both parties have an agreement, it shall be handled according to the agreement; If there is no agreement on liquidated damages or the amount of loss is difficult to determine, the interest shall be paid according to the total amount of house purchase money paid. The reference standard is the standard for financial institutions to calculate and collect overe loan interest stipulated by the people's Bank of China Third, the penalty for overe application is too low, and the buyer's opinions are as follows:1. When the buyer can prove the loss of overe application, the buyer can ask the court or arbitration institution to increase the penalty to the extent of actual loss
According to Article 114 (2) of the contract law, if the agreed penalty is lower than the loss caused, the parties may request the people's court or arbitration institution to increase it; If the agreed penalty is too much higher than the loss caused, the parties may request the people's court or arbitration institution to rece it appropriately; Article 28 of the Supreme People's court's interpretation on Several Issues concerning the application of the contract law of the people's Republic of China (2): if a party requests the people's court to increase the liquidated damages in accordance with paragraph 2 of Article 114 of the contract law, the amount of the increased liquidated damages shall not exceed the actual amount of losses. After the increase of liquidated damages, if the party requests the other party to compensate for the loss, the people's court will not support the provision. In the case that the liquidated damages for overe application is too low, the buyer has the right to ask for an increase of liquidated damages according to his actual loss When it is difficult to determine the buyer's actual loss, the calculation of liquidated damages should refer to the standard stipulated by the people's Bank of China for calculating overe loan interestreasons
(1) the overe application for the house ownership certificate will have a significant impact on the realization of the buyer's rights
the validity of real estate registration in China is based on the principle of elements of establishment. That is to say, the transfer and establishment of real estate rights only reflect the existence of creditor's rights before registration, and can be regarded as the completion of the transfer of property rights or the establishment of rights after registration. Therefore, before dealing with the real estate certificate, the buyer can only get the protection of creditor's rights, but not the protection of property rights. Because registration proces the effect of real right change, the delay of registration will undoubtedly affect the realization of the buyer's rights, which is reflected in the inability to register the house mortgage to obtain new funds, the inability to sell the house at any time according to the needs, and the risk of the house being mortgaged and sold again by the seller
(2) the reasons for real estate developers to apply for the house property certificate overe are complex, but most of them are caused by some faults of real estate developers:
for example, the land use proceres are illegal; The real estate developer has not paid all the land use right transfer fees; Real estate development enterprises build houses in violation of regulations; Real estate developers can not provide the required information, such as the completion acceptance certificate; Some other reasons, such as the real estate developers did not turn in the public maintenance fund collected on their behalf, and did not cancel the mortgage
(3) when it is difficult for the buyer to prove the actual loss, it is often difficult for the buyer to determine the loss of overe application, which increases the difficulty or cost of prooffor example, e to the change of life or work, the buyer is in urgent need of funds. If the house has the ownership registration certificate, the buyer can mortgage or sell the house smoothly; For houses without certificates, buyers can't mortgage the houses, and the selling price will be discounted, which will even affect buyers' loss of good opportunities, and the loss is difficult to determine. However, if the buyer provides the above-mentioned relevant evidence and requires the evidence to achieve "authenticity, relevance and legitimacy", it is difficult or the cost of proof is too high
(4) since there is a judicial interpretation to stipulate the calculation standard of liquidated damages for the delay in processing the certificate, if the liquidated damages are too low, the above standards can be applied. On the one hand, it is concive to safeguarding the legitimate rights and interests of the buyer and recing the difficulty of proof for the buyer; On the other hand, it is helpful to urge the real estate developers to strictly handle the proceres of the housing ownership certificate in accordance with the contract; Moreover, it is also concive to the operation of judicial practice
(the above answers were published on August 16, 2017, and the current relevant purchase policies should be subject to the actual situation)
to buy a new house, you can go to Sohu Focus website
1. The buyer and the seller should register with the selected intermediary company and pay the deposit. The contract is the premise and basis
2. After the previous proceres are completed, the intermediary company begins to handle the loan proceres for the buyer at the relevant bank. Loan application time is relatively strict, most of the time is half a month, of course, each region is different. Finally, after the bank's approval and approval, the transfer proceres will be started
3. According to the property right transfer registration requirements, the buyer and the seller need to prepare the required information for transfer at the property right registration center
4. The person of the intermediary company takes the buyer and the seller and relevant information to the local tax bureau for tax verification and payment, and the local tax bureau issues a tax receipt
5. Then go back to the trading center, submit the deed tax, business tax receipt and all the documents needed by both parties for the transfer of ownership, fill in the application for registration of house ownership transfer, receive the acceptance notice, and supplement the house stamp tax
6. In this waiting time, there are basically no problems. You can know about some expenses, such as water, electricity, gas, cable TV and so on. At the same time, you can make a final inspection on furniture
7. After 20 working days (the time may be different in each region), a special person will inform you to go to the trading center to get the real estate certificate. At this time, the bank will also issue a notice, the buyer is ready to start for the house
1. Determine the mortgage service company and loan scheme
before handling the loan, the borrower should first confirm the mortgage service company with the intermediary, and put forward loan consultation to the mortgage service company to determine the loan scheme< 2. Inquiry of provident fund (if provident fund loan is needed)
after confirming the purchase intention with the seller, the borrower will provide the provident fund account number, and the mortgage service company will inquire about the provident fund to determine the loan amount and loan period< 3. Sign the house sale contract. Due to the different requirements of the trading center, the houses in Jiangan, Jianghan, Qiaokou, Hongshan and other districts need to be transferred to the trading center in the district after the contract is signed
4. Prepare loan information and review loan qualification
the mortgage service company assists the borrower to prepare loan information according to the bank's requirements, and some houses need to be evaluated by the designated evaluation company; The preliminary audit is concted by the mortgage service company<
5. Sign loan agreement, notarization and insurance
the mortgage service company will submit the loan information after the preliminary examination to the lending bank for examination and approval. After the approval, the mortgage service company will arrange the borrower to sign loan agreement with the bank and notarize the agreement, and charge fees, including housing insurance premium, etc< 6. Handle the house transfer and mortgage proceres
the borrower goes to the transaction center in the district where the house is located to handle the house transfer and mortgage proceres, and delivers the mortgage receipt to the loan bank through the mortgage service company
7. Handle the house property certificate and mortgage certificate
after the lender's house property certificate and other rights certificate are issued, the mortgage service company will hand over the of your house property certificate and the original of other rights certificate to the bank< After the bank receives the above two certificates from the borrower, the mortgage service company will release the loan amount to the borrower< 2. Information required for second-hand housing loan
1. ID cards (with a of ID card) of the applicant, spouse and immediate family members who are eligible to participate in the calculation of housing provident fund loan amount
2. One of the applicant's and his / her spouse's account book (with a of the account book) and one of the account book (with a of the account book) that meet the conditions to participate in the calculation of the housing provident fund loan amount. If the applicant and his / her spouse are not in the same account book, a description of the marriage relationship should be attached.
3. One of the certificate of origin; It should be noted in the existing house certificate that it is a commercial house or an affordable house< 5. One original and one of the receipt for advance payment of 30% or more of the house price
6. One loan application form: one application form for personal housing commercial loan, two application forms for personal housing provident fund loan
7. One set of loan contract and mortgage contract: Six loan contracts for provident fund, five commercial loan contracts and four mortgage contracts; 1 guarantee contract< 1 for each of the borrower, spouse and their lineal blood relatives who are qualified to participate in the calculation of the amount of housing provident fund account (or employee housing provident fund balance sheet)
9. 1 for each of the borrower, spouse and their lineal blood relatives who are qualified to participate in the calculation of the amount of housing provident fund
10 Proof of the applicant's family income and relevant assets According to the remarks, including the payroll and personal income tax, the unit will provide the monthly income certificate for the employees of the three capital enterprises; The private business owners shall provide the recent business tax, income tax and financial accounting statements of their units; If the above assets are owned by the applicant's family members, a letter of commitment for joint repayment from the relevant family members should be attached.
12. A housing savings certificate and / or passbook that has been deposited for a specified period of time should be provided when applying for a housing commercial loan, No need for other types)
13. One certificate that the enterprise is allowed to apply for corporate housing fund indivial housing loan (required when applying for corporate housing fund indivial housing commercial loan, but not for other types)
first, let's talk about the ID card. Generally speaking, as long as the ID card is provided, the passport and active service military card are also valid. However, it should be noted that all the personnel of the buyer and their spouses in the sales contract should provide them. Minors who have not yet received ID cards should provide only child cards, non only child should provide birth certificates
marriage certificate; Those who are married should provide marriage certificate, those who are mature and unmarried should provide single certificate, those who are divorced should provide divorce certificate (court judgment is also acceptable) and divorce not remarried certificate, those who are widowed should provide spouse's death certificate (household register has indicated that widowed is also acceptable) and widowed not remarried certificate. These certificates should be issued by the Civil Affairs Bureau of each district in Wuhan
let's talk about the income certificate. The income certificate should be stamped with the valid official seal of the work unit, and the contact person, telephone number and address of the unit should be indicated for bank verification
in addition, you should also provide a of the sales contract of your house, the certificate of origin of your home, and the receipt of the advance payment witnessed and sealed by the intermediary agency.
On the evening of July 1, vice president Li Liang said on his personal headline about Tencent and Lao Ganma's advertising Oolong incident "without a clear investigation of the basic facts, we can directly use the means of public security, and even successfully freeze the other Party's 16 million yuan! It shows that the company has formed the daily thinking of using the public security law to crack down on everything that is not concive to it, and it is too simplified to even investigate. "
for this matter, many media rushed out to respond:
Internet search issued an urgent "deny San Lian" saying that this matter has nothing to do with the network: "the melon in my hand suddenly doesn't smell good... There is a saying, this matter has nothing to do with me . Please don't spread rumors, don't believe them, and eat melons rationally. " P>
Alipay also said that " hopes that there will be no fake in the world" when micro-blog's Tencent "sued godmother" incident is on screen. It also contains the news map of Alipay's July 2019 issue of "block contract and radish chapter" in the supply chain with block chain. p>
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extended information:
Case Review
in the evening of June 30, Lao Ganma's official wechat company issued a statement saying that the company received the relevant legal documents entrusted by Shenzhen Nanshan District People's court to Guiyang Nanming District People's Court on June 10, Tencent sued Lao Ganma and applied for property preservation on the ground of service contract dispute
after receiving the above documents, the company attached great importance to them and immediately carried out the investigation. Lao Ganma said that after verification, our company has never signed the "joint marketing cooperation agreement" with Tencent or authorized others with Tencent on the "Lao Ganma" brand, and our company has never concted any commercial cooperation with Tencent
On the afternoon of July 1, the official wechat official number of Guiyang public security Shuanglong Branch issued a police notice: Recently, the Bureau received a report from Guiyang Nanming Laoganma Flavor Food Co., Ltd., in which an illegal person pretended to be the name of the company and signed a cooperation agreement with Shenzhen Tencent computer system Co., Ltd., resulting in being sued by Tencent P>has initially identified that the suspect, Cao (male, 36 years old), Liu Mouli (female, 40 years old), Zheng Moujun (female, 37 years old), forged the company's seal of the old godmother company, posing as the manager of the marketing department of the company, and signed a cooperation agreement with the Tencent Inc. The purpose is to get the Tencent Inc's gift code in the promotional activities. After that, they illegally obtained economic benefits through Internet reselling. At present, Cao and other three people have been detained for suspected crimes, and the case is being further handled
