Analysis Of The Real Estate Mortgage Dispute Case Respectively

With the rapid development of social economy, the real estate mortgage hasbecome an important means of financing. Laws, regulations and rules of our countryto regulate the real estate mortgage problems, such as the City real estate managementlaw, housing registration, land management law, land registration, guarantee law,property law etc.. But at present our country without a perfect registration of realproperty law, but the key is now the real property registration authority is not unified,link information between agencies do not good enough, still unable to avoid causingreal estate are mortgaged.On the real estate are mortgage ca se analysis, land use right and housingownership is based on mutual dependence is two kinds of different propertyindependent of each other, in the principle of consistency of real estate, therelationship between mortgage and housing ownership mortgage of land use rightsshould also follow the to go with the housing, the housing. in principle, but in practicethe real estate mortgage should not be separately due to violation of the real estateconsistent principle blindly absolutely considered null and void, the real estatemortgage in the guarantee last belonging respectively one of the circumstances, toregister and form elements, two mortgage on the mortgage of land use rights andhousing ownership of their enjoy mortgages, housing or housing not set mortgages onland occupied by the land as mortgage together, but the effectiveness of mortgageshall not confrontation will not set mortgages property mortgage registration of rightto mortgage. Real estate mortgage respectively were effective, two mortgage only themortgaged property priority. That is to say in the realization of mortgage right, thehousing and land use rights within the occupied with price, if the price enough to payoff the debt two, the mortgage repayment, respectively, if the price is not enough topay off the debt for two, then two collateral mortgagee its enjoy mortgages accountedfor the proportion of variable section respectively, the priority of compensation.Of course, if you want to truly implement the real estate consistent principle is togo with the housing, the housing go anywhere principle no longer appear real estateare mortgaged, the more in order to protect the property transaction security, the needfor effective protection of property rights of the legitimate property rights, unifiedreal property registration mechanism is put things right once and for all method. However, before the real property registration authority is not unified, to adhere to thereal estate and legislative intent, can control their own risk from creditors, mortgageregistration authority reasonable restrictions, the Supreme People’s Court issued therelevant judicial interpretation and other aspects to take corresponding measures.