What risks are hidden in house registration
Applying for online signing is not the best choice for registration
□ Our reporter Xu Weilun
A house is not only an asset, it also represents the home to a large extent. In recent years, the real estate transaction market has been active, but housing registration is an indispensable procedure in transactions. However, due to factors such as limited review methods of registration authorities and weak public awareness of rights protection, contradictions have occurred frequently, and administrative litigation cases that have arisen from time to time have occurred. .
On April 21, the People ’s Court of Changping District, Beijing held a press briefing on “Typical Cases Involving Housing Registration Administrative Cases” to inform the court of the administrative cases involving housing registration in the past five years, and released related typical cases. Remind the common people when buying a house, do n’t think that everything will be fine after the online signing is done. The net sign does not have the property change nature, and it does not directly produce the effect of the real estate right establishment or change. It is recommended that the buyer purchase the property in time after the net signing, especially If there is a mortgage registration on the house, the seller is urged to release the mortgage and agree on a clear responsibility for breach of contract, so as to avoid empty houses.
The net sign does not have the property change nature
There are risks in postponing transfer
Mr. Jing and his wife signed a house sales contract with Mr. Li, stipulating that Mr. Li would sell his house to Mr. Jing and his wife. The two parties signed an online contract for the sale and purchase of an existing house, and Mr. Jing and his wife subsequently moved into the house. Because the house has previously set a mortgage to a bank, it has been unable to handle the transfer.
Unexpectedly, after signing the contract, Li canceled the mortgage under the bank's name, and signed a mortgage loan contract with a third party, Ma, mortgaged the house to Ma, and went through the mortgage registration procedures. After learning that, Mr. Jing and his wife thought that they had already applied for the online registration and actually stayed in the house. The real estate registration agency should no longer apply for mortgage registration for others, and then they filed a complaint with the real estate registration agency to the court and demanded that the mortgage registration to Ma be cancelled.
After the court heard, the real estate registration agency reviewed all the applicant's materials in accordance with the relevant regulations, and the registration of mortgages for Li Mou and his creditor Ma Mou was in compliance with the law. The online signing of a stock house sales contract does not have the effect of guaranteeing the realization of property rights in the future, nor does it have the effect of countering mortgage registration. Accordingly, the court ruling dismissed the claims of Mr. Jing and his wife.
It is understood that the online signing and filing of housing transaction contracts, commonly known as online signing, is an inevitable procedure after the signing of a housing sales contract and is a platform for online signing and recording of commercial housing established by government departments. "But it must be noted that the online signing does not have the nature of property rights change." Lv Xiacheng, a judge of the Administrative Division of the Changping Court, said that only after the registration of the transfer of ownership of the house can it become the owner of the house, and the buyer should handle it in time after the online signing Transfer procedures.
According to reports, in the past five years, the administrative cases of house registration handled by the Changping Court have accounted for 81% of the real estate registration cases. These cases mainly show that 80% of the cases of dissatisfaction with the registration of house transfers are complicated, the structure of interests is complex, and the phenomenon of "procedure idling" in litigation is prominent There are five characteristics of the common situation of pedestrian crossing and the high proportion of non-responsible failures of administrative organs.
Shuang Yu'e, head of the Administrative Trial Division of the Changping Court, said that the phenomenon of "will not sue" and "arbitrarily sue" still exists in such cases. The lack of awareness of the parties ’rights protection and the limited review methods of the registration authority are also important reasons for such disputes.
Registration of counterfeit documents is invalid
If the circumstances are serious, criminal responsibility
The Changping Court found that through combing the relevant cases, in daily life, there are still cases where someone handles the house transfer registration under the pretence of forgery or forging materials, resulting in damage to the legitimate interests of the house right holder.
In a case heard by the Changping Court, Wang Laohan ’s grandson Xiao Zhang applied to the real estate registration agency to transfer Wang Laohan ’s house to his own name by forging a notary, and then Xiao Zhang transferred the house to Chen Mouming. under. After discovery, Wang Laohan appealed to the court.
After trial, the court held that because the notarial certificate was forged, the factual basis for the transfer registration no longer exists, and the registration should be revoked. In view of the subsequent ownership change of the house, the registration has no revocable content. Therefore, the court ruled that the transfer of the house ownership registration of Wang Laohan to Xiao Zhang was illegal.
The judge said that for the issue of the transfer of the house to Chen under the name of the house, Wang Laohan should first file a civil lawsuit, and take the grandson and the outsider Chen as the joint defendant to confirm the validity of the sales contract. If the contract is invalid, Wang Laohan can raise it again Administrative litigation, requiring the cancellation of transfer registration.
Shuang Yu'e reminded that citizens should abide by the law, enhance the protection of personal property and important documents, and should not easily hand over important documents such as ID cards and real estate certificates to others. Forgery of notarial certificates or official documents of state organs will not have the legal consequences of the transfer of ownership of the house, and in serious cases will also bear criminal responsibility.
In practice, some house right holders have not properly kept the house ownership certificates and identity documents, etc., which has caused others to provide real materials without authorization and handle the house transfer registration with fake materials. In view of the limited means of examination of the application materials by the registration authority, it is difficult to judge the authenticity of the materials submitted by the applicant, resulting in damage to the legitimate rights and interests of the housing rights holders, leading to disputes.
In this regard, the Changping Court recommended that the use of informatization means in house registration should be strengthened, and that the real estate registration agency should establish a unified basic platform for real estate registration information management in conjunction with the relevant departments, and strive to achieve real estate registration agencies and public security, civil affairs, taxation, industry and commerce, etc. Information sharing between departments. Intensify the review of false identity documents, marriage certificates, tax receipts, notarial certificates, etc. through information technology, such as the use of personal identification technology to effectively identify the "dummy" or "false certificate" for housing registration.
There are many subjects involved in house registration
Husband and wife joint property registration
In cases involving housing registration disputes, disputes between couples due to registration reasons are also more common. Many couples, when buying a house and registering, often register the joint property of the two as one party for convenience. In this regard, the judge pointed out that the registration of real estate rights followed the principle of public disclosure and public trust. The court did not support it.
Ms. He and Mr. Tian bought a house after marriage, and the registered owner was Mr. Tian. In 2014, Mr. Tian borrowed 1.3 million yuan from Gu, an outsider, and used the house in his name as a mortgage guarantee. Later, because Mr. Tian failed to repay the loan on time, Mr. Gu filed a civil lawsuit and brought Mr. Tian and Ms. He to the court on the grounds of the dispute over private loan. Ms. He said that she learned that Mr. Tian had mortgaged the house to others without permission. So Ms. He filed an administrative lawsuit in another case, requesting the real estate registration agency to cancel the mortgage registration.
After the court hearing, it was concluded that the real estate registration agency reviewed the materials submitted by the two and asked about Mr. Tian ’s marital status, so he has done his duty of reasonable prudence. Therefore, the other warrants of the housing involved should not be revoked, and the court ruling dismissed Ms. He ’s lawsuit.
According to reports, house registration involves many stakeholders, including the owners of the house, mortgagee and other subjects recorded on the property rights certificate, as well as the actual purchaser of the house, creditors, heirs, spouses and other stakeholders. In addition, the situation of the house may also be more complicated. There are both individual ownership, common sharing, and share sharing.
Li Li, Deputy President of the Administrative Trial Division of the Changping Court, reminded that in order to avoid unnecessary troubles in the future, it is best for couples to buy a house after marriage and register the house as the husband and wife when the initial registration is processed. The other party can also go to the real estate registration agency to apply for the addition. Care should be taken to consider whether it is only registered in the name of one party. If the marriage relationship changes in the future, the actual owner of the house shall promptly handle the right certificate such as the house transfer or control of the real estate certificate.