Research On The Issue Of Real Estate Mortgage Not Going Through The Mortgage Registration

If the creditor has signed a mortgage contract with the mortgagor of the real estate but does not register the mortgage.The mortgage contract is in conformity with the requirements of the entry into force of the contract law,it belongs to the effective contract.The absence of mortgage registration only affects the establishment of the mortgage and does not affect the entry into force of the contract.The creditor can safeguard its legitimate rights and interests by the following way:Firstly,the creditor may exercise the right to register the mortgage in accordance with the mortgaged contract that has come into force and complete the establishment of the mortgage.Secondly,if the mortgage is not registered causes a loss to the creditor,the creditor has the right to ask the mortgagor to compensate for the loss of the breach.Thirdly,according to the mortgage contract,the creditor can require the mortgagor to take joint liability for the creditor in the case of the value of the mortgaged material.As the mortgagor,he must bear two kinds of responsibilities to the creditor one is contractual liability,for this liability,the mortgagor should continue the deal or compensate for loss of the creditor.Another is special guarantee to the creditor,that’s to say the mortgagor should assume joint liability for the creditor.