Research on relevant legal issues after real estate mortgage registration is revoked
After a registered mortgage has been revoked or canceled,the issue of whether the mortgage is valid and how the parties bear responsibilities has not been discussed enough in China's theoretical circles,and there is still a gap in legislation.In judicial practice,due to the overlapping administrative and civil characteristics of real estate mortgage registration,there is a conflict between litigation paths and litigation results,which increases the burden of judicial litigation and affects judicial credibility.Mortgage registration is an administrative act,not an ongoing state.Even if the mortgage registration is revoked or canceled,the mortgagee's reliance interests are still protected by the law and the mortgage shall continue to be valid.A consolidated administrative and civil hearing model for mortgage registration disputes should be adopted to protect transaction security and save judicial costs.If the mortgage registration is revoked in administrative proceedings or canceled by the administrative agency on its own initiative,it means that the administrative agency made a mistake during the original registration,so the interested parties who have suffered losses can request the registration agency to bear compensation liability.
real estate registrationmortgage rightscredibilitylitigation path