Have the building of hypothec, when collect, how should undertake compensation?

2022-07-20 0 By

Have the building of hypothec, when collect, how should undertake compensation?In daily life, it is very common to set mortgage guarantee on the house.Alleged “the building that has hypothec” it is to show building owner with its all building, serve as guaranty target content, set guaranty to hypothec person, the building that existence hypothec limits.So, how to compensate when the mortgaged house is expropriated?First of all, to be sure, for the houses on state-owned land levy, major is based on the state-owned land acquisition and compensation ordinance, but for a mortgage house, should be how to compensate, did not make direct regulation, but we can be in “civil code” and “measures for the administration of urban real estate mortgage will still be able to find the answer.According to Article 390 of the Civil Code, if the mortgaged property is damaged, lost or expropriated during the mortgage period, the mortgagee may have priority in receiving compensation from the insurance money, compensation or compensation.Where the time limit for performance of the secured creditor’s right has not expired, the insurance money, compensation money or compensation money may also be deposited.Article 38 of the Measures for the Administration of Urban Real estate Mortgage stipulates that, due to the needs of national construction, the mortgagor shall timely notify the mortgagee in writing of the real estate that has been mortgaged into the scope of demolition and relocation.The mortgaged parties may reset the mortgaged real estate, or liquidate the creditor’s rights and debts according to law and terminate the mortgage contract.According to these provisions, when a mortgaged house is expropriated, the mortgagee shall be notified in time.Then, how the mortgagee and the mortgagor deal with the house depends on the compensation method chosen by the expropriated person.As we know, in the housing expropriation, there are two different compensation methods: monetary compensation and property right replacement.If the way of compensation chosen by the expropriated party is monetary compensation, the mortgagee can exercise the right to claim compensation on behalf of the mortgagee in order to protect the legitimate rights and interests of the mortgagee, and pay off the expropriation of the mortgaged property in advance or deposit it.If the person who is expropriated chose the replacement of property rights, then the mortgagee and the person who is expropriated should sign a mortgage agreement on the replacement of property rights.Of course, before the house expropriation, the mortgagee and the expropriator can also reset the mortgage right with other objects to establish a new mortgage relationship, or the expropriated person can pay off debts in advance and end the mortgage relationship.So, below this kind of circumstance, the person that is collected can dispose of oneself freely collect compensatory money or replacement room, and need not suffer hypothec person limitation.