The Ministry of Natural Resources and China Banking and Insurance Regulatory Commission issued a document to promote ＂transfer with mortgage＂

　　CCTV News:According to the website of the Ministry of Natural Resources, the Ministry of Natural Resources and the members of the Insurance Supervision and Management Committee of the Bank of China recently jointly issued the Notice on Co-operating the Service of "Transfer with Mortgage" for the convenience and benefit of enterprises. In order to carry out the spirit of the Central Economic Work Conference and the relevant requirements of the CPC Central Committee and the State Council Municipality on firmly stabilizing the economy, on the basis of local practice, the Ministry of Natural Resources and the Insurance Regulatory Commission of the Bank of China decided to deepen the real estate registration and financial cooperation to facilitate the interests of enterprises, and work together to do a good job in "mortgage transfer" of real estate, further improve the convenience service level, reduce institutional transaction costs and help economic and social development. The details are as follows:

　　First, actively do a good job of "transfer with mortgage"

　　"Transfer with mortgage" means that the mortgagor can transfer the mortgaged property during the mortgage period according to Article 406 of the Civil Code. Unless otherwise agreed by the parties, in accordance with the provisions of the agreement, when applying for the transfer registration of mortgaged real estate, the procedures of transfer, re-mortgage and issuance of new loans can be completed without returning the old loans and canceling the mortgage registration in advance, so as to realize the effective connection between real estate registration and mortgage loans.

　　"Transfer with Charge" is mainly applicable to outstanding mortgage loans in banking financial institutions, and the mortgage loans are not overdue at present. According to the Notice of the Ministry of Natural Resources on Doing a Good Job in the Registration of Real Estate Mortgage (No.54 [2021] of the Ministry of Natural Resources), if the transfer of mortgaged real estate has been prohibited or restricted in the real estate registration book, or the mortgage registration has been done before the implementation of the Civil Code, it shall be handled by the parties through consultation. All localities should, on the basis of existing work, make in-depth exploration according to the implementation, mode and supporting measures of local "transfer with mortgage" and actively do a good job of "transfer with mortgage". It is necessary to promote provincial capital cities and cities with separate plans to take the lead and gradually expand to other cities and counties; It is necessary to promote the same banking financial institution to take the lead and gradually expand to cross-banking financial institutions; It is necessary to promote the first realization of residential real estate and gradually expand to industrial, commercial and other types of real estate. Realize the full coverage of geographical scope, financial institutions and real estate types, and carry out the "transfer with mortgage" service in a normal way.

　　Two, according to local conditions, determine the "transfer with mortgage" mode.

　　In practice and exploration, three modes of "transfer with mortgage" have been mainly formed. Mode 1: Combination mode of old and new mortgages. Through the seamless connection of borrowing new loans and returning old loans, the "transfer with mortgage" is realized. The buyer and the seller and the involved lenders reached an agreement on the time and method of issuing new loans and repaying old loans, and the real estate registration agencies merged to handle the transfer registration, the first registration of new mortgages and the cancellation of old mortgages.

　　Mode 2: old and new mortgage segmentation mode. By borrowing new loans and returning old loans after transfer, the "transfer with mortgage" can be realized. The buyer and the seller and the involved lenders reached an agreement on the time and method of issuing new loans and repaying old loans, and the real estate registration agencies merged to handle the transfer registration, the first registration of new mortgage rights, etc. After the seller’s loan was settled, the old mortgage rights were cancelled in time.

　　Mode 3: mortgage change mode. Realize "transfer with mortgage" through the change of mortgage right. The buyer and the seller and the involved lenders reached an agreement on the change of mortgage rights, and the real estate registration agencies merged to handle transfer registration, mortgage transfer registration and change registration.

　　All localities should combine local conditions, determine the appropriate handling mode, and continue to enrich and develop in combination with practice. In the above-mentioned mode, especially when the buyers and sellers are involved in the business of different lenders, all localities are encouraged to actively introduce advance notice registration, and through the advance notice registration system, the "one house and two sales" can be prevented, the risks such as hanging mortgage rights can be prevented, the legitimate rights and interests of all parties can be safeguarded, and financial security can be guaranteed.

　　Third, deepen coordination and improve the level of facilitation services

　　Real estate registration institutions, banking insurance supervision and management institutions and banking financial institutions at all levels should strengthen business collaboration, promote the integration of registration financial systems, optimize work processes, share information in real time, streamline work materials, strive to achieve seamless integration of registration, loan, lending and repayment, and effectively benefit the people and enterprises. Encourage the establishment of a loan coordination mechanism across banking financial institutions, and further explore the "total-to-total" business and system docking mode between real estate registration institutions and bank insurance supervision and management institutions.

　　Real estate registration institutions should continue to extend the registration service port to banking financial institutions, realize the merger of advance notice registration, transfer registration, mortgage registration and other businesses, and support the transfer advance notice registration and mortgage advance notice registration as well as the "double advance notice" registration and transfer to the original registration. It is necessary to apply the electronic real estate registration certificate in an all-round way through the system direct link or "internet plus real estate registration", and support the online and efficient operation of "transfer with mortgage". Encourage the promotion of intelligent auxiliary audit, realize the system to automatically prompt the progress of work and automatically feed back business information, and actively explore the automatic registration of advance notice registration and mortgage cancellation registration.

　　Banking financial institutions should focus on the new characteristics of "mortgage transfer" loan business, establish and improve the corresponding service system, speed up the transformation of loan business process, formulate operating procedures or business guidelines, improve the risk management and control mechanism, and upgrade and reform the credit loan approval and repayment settlement systems in time to realize automatic lending, repayment, capital payment and final payment settlement, so as to ensure the safety and efficiency of funds. It is necessary to reduce the burden on buyers and sellers, respect the wishes of all parties, choose a convenient capital transfer mode, clarify the basis, time nodes and specific methods of capital transfer, realize closed-loop management of the whole process and ensure the safety of funds. Encourage direct settlement through bank accounts and other means. If the system of advance notice registration is introduced, it is necessary to timely approve and issue loans according to the result information such as advance notice registration pushed in real time to ensure that the funds arrive on time.

　　Fourth, strengthen the organization and guard against all kinds of business risks

　　The competent departments of natural resources at all levels and the banking and insurance supervision and management institutions should attach great importance to it, improve their political stance, take the "mortgage transfer" of real estate as one of the important measures to accelerate the steady recovery of economic operation, strengthen organizational leadership, deepen departmental coordination, compact their work responsibilities, and actively implement it. It is necessary to establish a smooth communication and coordination mechanism, strengthen business guidance and supervision, sort out risk points in all links, formulate emergency plans, and effectively prevent risks by issuing samples of tripartite (four-party) agreements, risk warnings, and business early warning. It is necessary to refine business processes, strengthen business training, do a good job in publicity and guidance, and encourage enterprises to actively choose the "transfer with mortgage" service. Major problems encountered in the work, please promptly report to the Ministry of Natural Resources and the Insurance Regulatory Commission of Bank of China.