2. The identity certificate or legal representative certificate of the mortgagor;

3. If it is handled by an agent, there shall be a power of attorney from the legal representative or the party concerned;

4. Loan contract (master contract);

5. Mortgage contract;

6. Proof of property right of collateral (including "State-owned Land Use Right Certificate" and "House Ownership Certificate");

7. If the collateral belongs to a joint venture or joint-stock company, there shall be a resolution of the board of directors agreeing to mortgage;

8. If the mortgage is repeated, a written document of the original mortgagee's consent to re-mortgage shall be provided;

9. If * * * has real estate mortgage, all written documents agreed by * * * shall be provided;

10. The mortgagor shall have written documents to prove that the collateral provided by him is free from legal defects;

1 1. Other legal documents related to mortgage.

Extended data:

Real estate registration is a real right system established by People's Republic of China (PRC) Property Law, which means that the real right of real estate and its changes are recorded in the real estate register by the state full-time department upon the application of the obligee or interested party. As a means of publicizing real rights, real estate registration is essentially a factual act that produces the effect of private law, rather than an administrative act of the registration authority.

The Provisional Regulations on Real Estate Registration came into effect at sunset on March 1 March, 2065438. ?

2065438+200665438+1021The Ministry of Land and Resources of China recently promulgated the Detailed Rules for the Implementation of the Provisional Regulations on Real Estate Registration, which made more detailed provisions on the registration of collective land ownership, state-owned construction land use rights and house ownership, homestead use rights and house ownership.

From April 2065438 to April 2007, the General Office of the Ministry of Land and Resources issued an implementation plan to reduce the registration time of real estate, requiring all localities to further simplify the registration process, improve the registration efficiency and reduce the registration time of real estate by classification on the basis of ensuring the transfer of registration materials and the transfer of personnel.

definition

Real estate registration, also known as the registration of real estate rights, is an act that obligees and interested parties apply to the functional departments determined by the state to record matters related to the applicant's real estate rights in the real estate register.

1. Registration is based on the application of the parties.

2. Registration is an activity of the national full-time department.

3. The content of registration is the real right of immovable property and its changes.

4. The registered items shall be recorded in the real estate register.

nature

The nature of real estate registration refers to the legal attribute of real estate registration. There are three theories about the nature of real estate registration:

(1) theory of public law behavior.

(2) Proving behavior theory.

(3) the theory of judicial behavior. Real estate registration is not an administrative act of the registration authority, but a factual act with judicial effect. ?

Rights included in registration

(1) collective land ownership;

(2) Ownership of buildings and structures such as houses;

(3) Ownership of forests and trees;

(four) the right to contract the management of cultivated land, forest land and grassland;

(five) the right to use the construction land;

(six) the right to use the homestead;

(7) the right to use sea areas;

(8) Easement;

(9) mortgage right.

(ten) other real estate rights that need to be registered according to law.

function

First of all, we must clarify the function of unified registration of real estate. The unified registration system of real estate is based on the need to improve the market economy. Relevant people believe that the unified registration system of real estate is a basic system of market economy and is closely related to everyone's vital interests. This is the value of the system itself and the basic function.

Strictly speaking, it is the economic value of the system and serves the market economy. The real estate registration system must first realize its leading value and give play to its economic value. If the leading value cannot be realized or not, the system and the work will naturally "fail", let alone other values.

Secondly, it is necessary to clarify the purpose of unified registration of real estate-to build a clear property right foundation for the formation of a unified real estate trading market in China. At the same time, the derivative value of real estate registration can be appropriately tapped. Many systems are interrelated and can complement each other and learn from each other.

The construction and improvement of the anti-corruption system is not "single-handedly fighting", but to make use of all existing and yet-to-be-established institutional resources, which should be "combination boxing". The "institutional cage" that pays attention to power is not only a simple anti-corruption and anti-corrosion system, but also the assistance and blocking of other systems, forming a superposition of systems, which is more rigorous and rigorous, leaving no opportunity for power.

System design is very important. It is reasonable to establish a unified real estate registration system without anti-corruption demand, but we can't deny the anti-corruption function attached to this system. In the system design, anti-corruption genes should be injected, and at least some expectations and space should be reserved, so as not to dispel the core value of its market economy.

accountability

Responsibility of organs

The duty of the registration authority refers to the authority and obligations that the registration authority enjoys when registering real estate. The legislation of different countries or regions has different provisions on the responsibilities of real estate registration agencies. German law stipulates that the real estate registration authority not only has the right to examine whether the application materials of the parties are complete, but also has a negative registration obligation for the contents of the application for registration.

China's Property Law neither tries to define what is substantive review nor formal review, nor does it answer whether the Property Law requires real estate registration agencies to conduct substantive review or formal review.

On the basis of listening to opinions from all sides and according to the actual situation of real estate registration in China, the responsibilities that real estate intermediaries should perform are stipulated in principle. Article 12 of the law stipulates: "The registration agency shall perform the following duties:

(1) Examining the ownership certificate and other necessary materials provided by the applicant.

(two) ask the parties about the registration matters.

(three) truthfully and timely registration of related matters.

(4) Other duties as prescribed by laws and administrative regulations.

Specifically, the Property Law requires Chinese registration agencies to perform the following duties when registering real estate:

1. Check the necessary materials provided by the applicant.

2. Ask the applicant about the registration matters.

3. Register truthfully and in time.

4. Other duties as stipulated by laws and regulations.

In order to ensure the registration authority to perform its registration duties better, the Property Law stipulates the duties that the registration authority should perform, and also clearly stipulates the behaviors that are prohibited.

Legal liability

1. Overview of legal responsibilities of registration authorities. The legal liability of the registration authority refers to the civil compensation liability that the registration authority should bear according to law for the losses caused by the registration error.

2. The principle of imputation of the compensation liability of the registration authority. The principle of imputation of tort refers to the general rules of imputation, the basis and standard for determining the civil liability of the actor, and the legislative guiding principle that runs through the tort law and plays a leading role in all tort rules.

3. Elements of the responsibility of the registration authority. According to the imputation principle of no-fault liability, the China real estate registration agency must meet the following conditions to undertake the liability for compensation:

(1) has a registration error. The so-called registration error refers to the registration error except that the registration applicant practices fraud and the registration authority fulfills its review obligation.

(2) The fact of damage exists. The so-called damage fact means that a person's rights and interests protected by tort law are affected by some unfavorable interests because of some behavior or event. The existence of damage fact is the premise of tort liability, "no damage means no compensation".

(3) There is a causal relationship between the damage facts and the registration errors.

4. The compensation scope of the registration authority and its recovery. The scope of responsibility of the registration authority should be determined according to the actual losses caused by the registration error, including the compensation for the damage of the subject's rights and interests and the expenses for the parties or interested parties to claim rights, such as the expenses for applying for correction registration and objection registration, and the litigation expenses.

register

Integrate the real estate registration responsibilities scattered in multiple departments into one department, rationalize the relationship between departmental responsibilities, reduce the number of certification links, and reduce the burden on the masses.

Establish a basic platform for real estate registration information management, and realize the sharing of real estate approval, transaction and registration information among relevant departments according to laws and regulations.

Promote the establishment of an open inquiry system for real estate registration information according to law to ensure the safety of real estate transactions.

China authorities will speed up the establishment of a real estate registration bureau.

To implement a unified real estate registration system with land as the core, the Ministry of Land and Resources will coordinate relevant departments to establish an inter-ministerial joint meeting system, speed up the establishment of a real estate registration bureau, and solidly carry out unified real estate registration.

Xu Deming, Vice Minister of the Ministry of Land and Resources, said at the 20 14 National Land and Resources Work Conference that unified registration of real estate is a new function of land and resources management. Establishing and implementing the unified registration system of real estate with land as the core is a major reform of China's property management system and mechanism, with great responsibility and arduous task.

At present, it is necessary to implement unified registration institutions, unified registration basis, unified registration certificate and unified registration information platform one by one. The focus is on the top-level design and institutional arrangement of unified registration of real estate.

In accordance with the relevant requirements of "the State Council Institutional Reform and Functional Transformation Plan" and the 3rd1th executive meeting of the State Council, we should first implement a unified registration institution and unified registration basis, coordinate relevant departments as soon as possible, establish an inter-ministerial joint meeting system, speed up the establishment of a real estate registration bureau, ensure that institutional personnel are in place, and strengthen work support.

symbol

2065438+On March 5, 2008, the General Office of the Ministry of Land and Resources issued a notice, requesting the unified real estate registration mark to be activated in the national real estate registration institutions and registration windows. The real estate registration logo adopts a circular design as a whole, and the main colors are red and blue. The outer circle is the "real estate registration" in Chinese and English.

The inner ring design includes real estate elements such as land, houses, woodland, grassland and sea area. The combination of top and lines represents houses and woodlands, blue represents the ocean, and the combination of bottom graphics and lines represents land and grassland, which also constitutes the modeling of real estate register. The pen tip effect is formed below the center line, which means that the real estate is uniformly registered in the real estate register.

Real estate registration marks shall not be used for commercial activities or private acts. Real estate registration agencies at all levels can post or hang identification signs in prominent positions in the registration service hall and registration window. The logo can also be used for documents, postcards, badges, internal offices, document reports, promotional materials, etc. Staff of real estate registration agency.

References:

Baidu encyclopedia-real estate registration