If you haven't gone through the formalities of mortgage cancellation, your house will always be mortgaged and cannot be traded.
1, second-hand housing loan
It refers to the loan business in which the buyer uses the house traded in the secondary housing market as collateral to apply for a loan from the bank to pay the purchase price, and then the buyer pays the principal and interest to the bank in installments. Loan is a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development; At the same time, banks can also obtain loan interest income and increase their own accumulation.
According to the above answers, it can be concluded that after the second-hand housing loan is paid off, you should take the real estate license, ID card and loan settlement certificate and go to the local housing authority to decompress the house, which is unsecured.
The process of handling second-hand housing loans
1, sign a sales contract
The buyer and the seller signed a house sales contract, which stipulated that the buyer would pay the house price by second-hand house loan, and agreed on the down payment and loan ratio. In this link, the buyer should generally check the seller's real estate license, water and electricity records and other documents while looking at the house on the spot.
2. Determine the entrustment relationship
The Buyer and the Seller print the Property Purchase and Sale Agreement in the real estate trading market of the county where the house is located, and at the same time, the Buyer and the Seller sign the House Collection and Remittance Agreement at the local Housing Authority site to clarify the entrustment relationship of transaction funds collection and remittance.
Step 3 evaluate real estate
Because of the particularity of the second-hand house, the buyer needs to find an appraisal company to evaluate the purchased property first, and the bank will take the lower of the transaction price and the appraisal price as the basis for lending. It should be noted that some banks will only accept the appraisal report of the designated appraisal company, while others will not. Therefore, property buyers should consult the loan bank before appraisal.
4. Apply for loan guarantee
In order to ensure the safety of loans, banks generally require buyers to provide guarantees, which can be individuals with financial ability or professional guarantee companies. It should be noted that at present, some banks have launched unsecured second-hand housing loans. Therefore, property buyers should be clear about the bank's collection of guarantee fees before handling mortgage loans.
Step 5 pay a down payment
The Buyer deposits the down payment into the loan bank according to the house payment collection agreement, and obtains the down payment deposit certificate. At the same time, you can apply for a second-hand housing loan from the bank and submit all the loan application materials.
6. Sign a loan contract
The bank will review the application materials submitted by the buyer. After the approval, the buyer can sign a loan contract with the bank, and the bank will inform the seller that the loan can be made.
7. Go through the transfer formalities
The buyer and the seller bring the original and photocopy of the real estate license, the sales contract and photocopy, and the ID cards of the buyer and the seller to the real estate bureau for transfer, and the old land certificate to the Land Bureau for replacement.
8. Go through the mortgage formalities
The buyer goes to the real estate bureau to handle the mortgage formalities of the property with the real estate license, land certificate transfer receipt, certified sales contract, deed tax invoice and other materials.
9. Bank loans
After the bank receives the mortgage certificate, it will lend money. After the loan is issued, the buyers will go to the housing management department to get a new real estate license.
10, repayment on time
Property buyers repay the loan on time according to the prescribed repayment method. After paying off all the loans, the buyers go through the mortgage registration cancellation procedures, and the second-hand housing mortgage process is completed.
2. Second-hand housing transaction process
(1) Buyer consultation
The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.
(2) Sign a contract
After the seller provided the legal documents of the house and reached an agreement, the two sides signed at least three house sales contracts.
The buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign the house purchase contract (or house purchase contract). Through consultation, the buyer and the seller discuss the location, property right, transaction price, delivery time, delivery and property right disposal of the house.
legal ground
"People's Republic of China (PRC) City Real Estate Management Law"
Article 36 When transferring or mortgaging real estate, the parties concerned shall register the ownership in accordance with the provisions of Chapter V of this Law.
Article 62 When a real estate is mortgaged, it shall be registered with the department designated by the local people's government at or above the county level.
Where the land use right and house ownership are obtained due to the disposal of mortgaged real estate, the transfer registration shall be handled in accordance with the provisions of this chapter.