Research On The Problem Of Collecting The Real Estate Rent When Realizing Mortgage Right

In order to maintain the exchange value dominated by the mortgage and consolidate the credit of the mortgagor,the law gives the mortgagee the right to collect the rent of real estate under certain conditions.Regarding effective conditions of the effect of mortgage on rent,there is a dispute about the effect of the seizure and the effect of the notice.This article considers that the seizure is the effective conditions of the effect of mortgage on rent,the notice to the lessee is only an element that is against the lessee.When the mortgaged property is first applied for attachment by ordinary creditors,whether the mortgagee can receive rent depends on whether the mortgagee applies for the attachment of the mortgaged property.Mortgagor disposes the rent claims in advance before the mortgaged property is seized,when the mortgage enters into the realization process,it involves two issues:whether the mortgagee can collect the rent and whether transferee of collateral of collateral can obtain the rent.The first question is whether the mortgagee can collect the rent when mortgagor dispose of rent claims before collateral is seized after the mortgage is established.When the mortgage is established,if the mortgagor has rent claims,the effectiveness of the mortgage is not yet equal to the rent when the mortgage is established,but after the mortgaged property is seized,the rent after the seizure becomes the object of themortgage.When the mortgage is seized,the transferee of the claims and the pledgee of the claims have not obtained the rent claims and the pledge of the rent claims.If the rent claims becomes the subject of the mortgage,the mortgagor 's disposition of the rent claims shall not be against the mortgagee.Because of mortgage registration,the transferee or pledgee of the claims should foresee that the mortgagee will have the right to receive the rent after seizure,so the mortgagee's priority to the rent should be affirmed.Disposal of rental claims first,and then mortgage rights are established,when the claims actually arises,the mortgagor can obtain the pledge of the claims and the transferee of claims can obtain the debt,so the mortgagor will not have the right to collect the rent after seizure.The second issue is that mortgagor transfers the rent claims before the mortgage is created,whether the transferee of collateral of the mortgage can obtain the rent when the mortgage is realized.First,rent claims arise with the use and benefits of the leased property.When the original owner transfers the leased property,the original owner cannot obtain the rent after the transfer of ownership because the leased property is no longer provided for use by the lessee,so the original owner cannot transfer the claims.Secondly,the effect of applying the sale without breaking the lease is the statutory general transfer of creditor's rights and debts.The transferee of collateral also obtains the rent when he assumes the debt to provide property for lease.Moreover,the assignee of the creditor's rights only obtains the creditor's rights in the future and has no rights to the property.The owner acquires the ownership of the property,and there are no defects in rights.Finally,the transferee of collateral has a reasonable duty of care when assigning the property,but the transferee of collateral does not have the obligation to investigate the rental claims on the property.The new owner controls the leased property,if the lessee does not pay rent to the new owner,the lessee's right to use the leased property may cannot be realized.In terms of interest measurement,the interests of the lessee and the transferee of collateral of the property are more worthy of protection.In summary,the rent should be obtained by the new owner of the collateral,and the mortgagee can also be compensated from theexchange value of the collateral.If the lessee claims to offset the creditor's debt obtained from the lessor before the seizure with the rent debt,the lessee's offsetting right and the mortgagee's right to receive rent will conflict.After the establishment of the mortgage right,the benefits of the mortgaged property still belong to the mortgagor,the mortgagor has the right to sign a lease contract to obtain the rent,and at the same time the rights of the debtor of the lease contract should be protected.The lessee's set off can be analogically applied to the set off rules when the creditor's right is transferred.If the debtor obtains the creditor's right to the mortgagor before receiving the notice of attachment of the collateral,the repayment period of the creditor's right shall be earlier than or at the same time as the rent creditor's right after attachment,and the lessee can claim the active creditor's right and the rent creditor's right to offset.