There are various situations when demolition and relocation. The mortgage right of a house is one of the situations that are often encountered during demolition. If the house is demolished and the original collateral does not exist, how should the mortgage be realized?
For the realization of the mortgage on the house, we must first determine the effectiveness of the mortgage. The mortgage is set for the realization of the credit. If the mortgage contract is invalid, the mortgage contract or other legal invalidation, then there is no mortgage right. The problem of realizing the mortgage of house demolition will not be involved. If the mortgage contract has no other defects, it can take effect. Then, when the house is demolished, in addition to the negotiation, the mortgage can be realized in the following cases:
1. The method of monetary compensation was selected during demolition:
Monetary compensation is a simple and convenient way of compensation. The affected people can choose housing without being restricted by location, etc., and there will be no subsequent problems such as prolonging the transition period and the inability of the demolished to move back in time. When the demolished person chooses the monetary compensation method, if the mortgagor and the mortgagee reach a written agreement, the house expropriation department shall compensate the expropriated person according to the agreement. If the agreement is not reached, the housing collection department shall implement the monetary compensation for the person to be expropriated, and shall pay the compensation to the notary office.
2. The method of property rights exchange was selected during the demolition:
The exchange of property rights is another way of compensation. The demolishers use the property houses built or purchased by themselves to exchange property rights with the houses to be demolished. After the exchange of property rights, the original collateral does not exist, and there is no currency to repay, then how to realize the mortgage? In this case, the mortgagee may change the collateral, and the mortgagee may transfer the house to the collateral registration department for the change of collateral registration formalities, and the mortgagor and the mortgagee reach an agreement to release the mortgage and have mortgaged If the object registration department handles the registration of the collateral, the house levy department shall compensate the person to be levied.
If the house expropriation department has implemented monetary compensation for the expropriated person after no negotiation or negotiation, the house expropriation department shall, in the case of monetary compensation for the expropriated person, apply the deposit to the notary office in accordance with the law.
Yingqi levy demolition lawyer team reminds you:
Don’t have a sense of crisis when demolition of houses with mortgage rights. Your mortgage can be realized. When you encounter demolition, you should find professional lawyers to communicate in time to ensure the realization of creditor’s rights, and do your best to protect your rights and interests at the first time. Prepare to ensure that your rights and interests are realized and avoid future disputes.