Now buying a house needs justice. Real estate justice refers to the legal act of notarial organs to prove the real estate according to the application of the party applying for real estate justice. Real estate justice is not a necessary link in real estate transactions, but after real estate justice, many troubles and risks can be avoided for the parties. Therefore, many people will be fair when buying a house. This article will tell you why housing loans should be fair.
Does the house have a loan that can be notarized
1. First of all, what is the purpose of notarization? What you mean is that you want to change the property belonging to one party into two people's common ownership through notarization, or change all property rights to the other party.
2. First of all, the property law stipulates that who the housing property right belongs to depends on who the real estate certificate registrant is. You need to change the name of the owner of the housing real estate certificate, increase or change it, so as to achieve your purpose.
3. In addition, the loan has not been repaid, and the property right has been mortgaged to the bank. It does not belong to the real estate certificate registrant or the signatory of the house purchase contract for the time being. You have no right to divide and notarize the property that does not belong to you for the time being.
4. The notary office will not accept the notarization of real estate without property right certificate. However, if both parties agree, they can write an agreement indicating the requirements of both parties, and then go to the notary office together to notarize the signatures and fingerprints of both parties! Note: it's a notarized signature, not that agreement.
Why do you need notarization to buy a house
1. Any legal act, legal documents and facts are notarized, and the state proves its authenticity and legitimacy, that is, they produce legal evidence effect. If a document is involved in the collection and investigation of evidence in the trial of a case by the people's court, and the document is also notarized, its effectiveness shall be confirmed and can be directly adopted. Unless there is evidence to the contrary sufficient to overturn the notarized certificate.
2. According to the legal acts that must be notarized according to the law, the notarized certificate has become a necessary condition for the effectiveness of these legal acts. The law has different formal requirements for different legal acts, including oral, written and notarial certificates, depending on the importance and complexity of the legal relationship generated (or changed or eliminated) by the legal act and its role to the third party.
Although it is not stipulated by law and the parties agree on Notarization as one of the necessary formal conditions for the legal act of both parties, this legal act must also be notarized before it can be established.
3. If there is no dispute between the creditor and the debtor over the relationship between rights and obligations and it is notarized that it has the effect of enforcement, when the debtor refuses to perform, the creditor may directly apply to the people's court for enforcement without bringing a lawsuit to the people's court for judgment.
The above is the house. Is there a loan that can be notarized? In order to standardize the legal actions involving real estate, prevent real estate disputes and reduce litigation, some laws and regulations and even provide that notarization must be handled for legal actions involving changes in property rights and changes in form of houses, such as notarization when inheriting houses.