Estate guaranty contract

(a) real estate guaranty contract real estate guaranty contract means that the debtor or a third party does not transfer to real estate in the possession of real estate for a creditor's rights guarantee and a clear and the creditor have mutual rights and obligations of the agreement, according to the agreement in the debtor or the third person to provide the real estate mortgage lenders set for the mortgage right, the debtor or a third party to the creditor claims under the thing on real estate the guarantee of the obligations. When the debtor fails to perform his obligation, the creditor shall have the right to auction the real estate in preferred payments from the money. Estate guaranty contract to type contract, the mortgagor and the mortgagee shall conclude a mortgage contract real estate, shall be made in written form and record the contents of the law, mainly includes: (1) the creditor, the debtor, mortgage name (name), address; (2) a guarantee, amount of principal claim types; (3) of the debtor to fulfill debt time limit; (4) the name of estate, quantity, quality, condition, location, ownership or use right ownership; The scope of the headscarf mortgage guarantee; The parties to the agreement [6] that other matters. Estate guaranty contract the content of the records do not conform to the requirements of the law, the party concerned shall be corrected.

Registering the mortgage of the real estate

(2) real estate registering the mortgage of the real estate mortgage registration is to point to by the competent authority in accordance with law on the real estate registration book of mortgage shall be recorded state. Real estate mortgage established according to law after being registered and obtain property publication, to provide the effect. China legislation will registration as a mortgage contract effective elements, confuse the real estate guaranty contract the creditor's rights and the nature of the contract and real estate mortgage registration changes the real right of the nature. Estate guaranty contract is a contract creditor's rights, the real rights for security established according to law

When should take effect. And real estate is registering the mortgage of property rights act, it is real estate mortgage established of the elements. By registering the mortgage of the real estate mortgage to law estate guaranty registers mechanism to apply for, fill in and submit real estate mortgage registration forms, and submitted at the same time the law shall be submitted to the registration documents, mainly including the contract and real estate guaranty contract and mortgage of the land use certificate, building droit certificate. Real estate mortgage registration office received after the application of the party is responsible for supervision by the functions of the mortgage registration department of the mortgage registration documents submitted by the parties shall review the authenticity, legality, pass the examination, the registration shall be approved registration and shall make a public announcement