Study On The Perfection Of Pre-ordered Commercial Housing Mortgage Advance Registration System

The advance notice registration system can be applied not only to the transfer of housing ownership,but also in the context of pre-purchasing commercial housing pre-purchasers and financing banks seeking to control the risk of loans.China’s advance notice registration system is also widely used in pre-purchased commercial housing mortgages.Although the "Property Law","House Registration Regulations","Implementation Rules for the Interim Regulations on the Registration of Real Estate," and other laws and regulations and local regulations provide legal or policy basis for the pre-purchase of commercial housing mortgage application,but in the most controversial pre-purchased commodity housing mortgage On the question of whether there is priority effect after the notice of registration,the relevant legal norms are not clearly stipulated,and it has led to the direct identification of the pre-purchased commodity housing mortgage notice registration in the same case,and directly denied that it has priority.The effectiveness and the three different judgments that recognize their priority by detours have led to chaos in the field.Mortgage notice registration is different from the nature of mortgage registration.The registered right is still the property of the credit,and it is different in nature from the mortgage of the building under construction.The relevant regulations on the mortgage of the building under construction cannot be applied.Therefore,it should not be applied.Unconditionally,the mortgage notice registration right holder has priority to recognize it.In the improvement of the system of mortgage advance notice registration,in order to protect the interests of registered rights holders and protect the real estate financial order,the developer refuses to conduct the first registration and the registration obligor is unwilling to cooperate with the right holder to handle the mortgage registration.Under the condition,the priority right of compensation of the registered right holder can be conditionally recognized.In addition,in the connection between the pre-purchased commodity housing mortgage notice registration and the mortgage registration,there is a problem that the application time and the application subject are relatively vague.According to the original intention of the mortgage notice registration,the registration obligor cooperates with the registration right holder to register the mortgage.Some accompanying obligations,the vesting rights of the registered right holders cannot be lost due to the unilateral registration of the obligor.