The Pre Order Real Estate Mortgage Registration Problems

With the establishment of the real estate market in China, the sale of commercial housing is the most important way of housing transactions. Purchased the tickets for the mortgage of advance notice registration is refers to in the pre-sale of commercial housing transactions, property buyers to commercial housing purchased the tickets for the set collateral, in order to obtain bank loans, in order to ensure the future for realizing the right to mortgage, jointly apply for advance notice registration system. For the pre commercial mortgage registration there are different interpretations. Including the registration of the registration and registration of two forms. An explanation for the pre commercial housing mortgage belongs to the future to obtain housing mortgage and mortgage registration. The mortgage is essentially a mortgage of the right to expect housing. Another explanation for commercial housing purchased the tickets for the mortgage is only for notice registration. Because the house not built, so do not have the statutory conditions for housing mortgages. The person that buy a house and bank loans agreed, in the future to obtain housing mortgages to guarantee loan obligation. In order to preserve the right to claim the right of mortgage in the future, the registration of the house ownership, and to re apply for housing mortgage registration. Two kinds of interpretation of each have their own rationality, in the way to realize the mortgage is also different. Therefore, in judicial practice in the application of the dispute, the < housing registration measures > will be pre commercial housing mortgage regulations may apply for advance notice registration, at the legislative level that belongs to the advance notice registration. In the context of the statute law, the author believes that the pre commercial housing mortgage attributed to the advance notice registration is more appropriate. Mortgage registration of the nature and effect of law there is no explicit provisions in advance notice. The in this pre commercial housing mortgage, respectively, of the nature of pre commercial housing mortgage registration and pre commercial housing mortgage registration notice two, differences in China’s legal provisions and other traditional security system, further analysis of the notice mortgage registration set up, destroyed, effectiveness and in practice specific problems. Finally puts forward the author’s suggestions.In addition to the introduction and conclusion of this paper is divided into four chapters. The first chapter from the commercial housing purchased the tickets for the mortgage registration of the nature of, commercial housing purchased the tickets for the mortgage is belongs to the house look forward to the mortgage of the right to the registration or mortgage registration were analyzed. In combination with our legal provisions on the registration of commercial housing purchased the tickets for the mortgage. The pre commercial housing mortgage registration attributed to advance notice registration. And analysis commercial housing purchased the tickets for the mortgage registration and other traditional legal system the difference between forecast.The second chapter discusses the pre commercial housing mortgages notice registration of creation and annihilation. From the legal provisions and practical approach introduced mortgages notice registration and destroy and mortgage registration notice how to turn for mortgage registration.The third chapter discuss commercial housing purchased the tickets for the mortgage of the effectiveness of the registration notice, respectively discusses the effectiveness of the preservation of and CIS effect and combat effectiveness. And discusses the judicial practice of our country for mortgage notice provisions of the effectiveness of the registration.The fourth chapter introduces the pre commercial housing mortgages notice there is a conflict of rights and status of specific problems in the judicial practice of registration. For the existing problems and puts forward improvement views of the author, in order to improve the commercial housing purchased the tickets for the mortgage advance notice registration system benefit.